DeCA_CSO_W58P05-24-S-C001 R1 15Oct24.pdf

U.S. Army Contracting Command – Aberdeen Proving Ground, Tenant Division (ACC-APG-Tenant) issuing

Defense Commissary Agency (DeCA) Enterprise Business Systems (EBS) 2.0 Commercial Solutions Opening (CSO)

Solicitation Number: W58P05-24-S-C001

1. General Information

1.1 Authority

The 2014 Quadrennial Defense Review (QDR) established innovation as a central line of effort in the national defense strategy of the United States. The decisive military advantage of the United States over its adversaries and peer competitors is steadily eroding. Consequently, under section 879 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub.

L. 114-328) contracting officers may acquire innovative commercial items, technologies, or services using a competitive procedure called a Commercial Solutions Opening (CSO). Under a CSO, the Department of Defense may competitively select proposals received in response to a general solicitation, similar to a broad agency announcement, based on a review of proposals by scientific, technological, or other subject-matter expert peers. Use of a CSO in accordance with DFARS 212.700 is considered to be a competitive procedure for the purposes of 10 U.S.C.

chapter 127 and FAR 6.102. Finally, Contracting Officers shall treat items, technologies, and services acquired using a CSO as commercial items. Contracts or agreements under this authority shall be fixed-price, including fixed-price incentive fee contracts.

1.2 Background

1.3 CSO Procedure

This CSO is a competitive solicitation posted on a Government Point of Entry (GPE) www.beta.sam.gov continuously open until August 12, 2025. The government reserves the right to extend this CSO beyond the open until date by amendment if the authority is extended. Under this CSO the DoD may seek Solution Briefs, presentations/pitches and/or proposals from traditional and nontraditional business entities. This CSO is intended to seek proposals for innovative, commercial products, commercial technologies and services or adaptations / modifications of existing commercial product technologies and services to modernize the Defense Commissary Agency’s (DeCA) Enterprise Business Systems (EBS), as well as address future DeCA modernization needs. Innovative may mean any application that is new as of the date of submission of a proposed use of technology, process, or method existing that proposes new solutions to any direct or indirect functional support echelon with DeCA or other government agency providing support to commissary enterprises. This CSO may result in the award of various types of contracts, which may include but are not limited to commercially available technologies immediately available, commercially available technologies fueled by commercial or strategic investment, but also concept demonstrations, pilots, and agile development activities that can incrementally improve commercial technologies, existing government-owned capabilities, or concepts for broad defense applications(s). The government intends to award FAR-based contracts under Part 12 Commercial Item Procedures but reserves the right to award additional types of contracts depending on the specific Area of Interest (AoI) and industrial base responding to the AoI. A FAR based contract or an Other Transaction Agreement (OTA) for any purpose, to include a prototype(s) and follow- on production may also be considered, as a result of this CSO.

The CSO solicitation process may include a multi-phased solicitation and evaluation approach that is dependent upon specific AoIs. AoIs are focused topic(s)/categories that will be published separately via the GPE at www.beta.sam.gov. The following phases may be used: Phase 1 – Submission of written Solution Brief, Phase 2 – Presentation/Pitch (if applicable), and Phase 3 – Alpha Negotiations. A CSO is considered a competitive process, intended to ensure that competitive procedures are used to the maximum extent practicable. All Solution Briefs, presentations/pitches and/or proposals submitted in response to any AoI will be in response to and governed by this CSO.

The CSO outlines the procedures that are available for utilization by the government for AoIs to ensure a competitive process is followed. The competitive process under this CSO may result in a two or three phase approach (Solution Brief, presentation/pitch (if applicable), and alpha negotiations):

Phase 1 Solution Briefs: A Solution Brief must be submitted as specified in Sections 3.2 of this CSO. The government will evaluate Solution Briefs against the criteria stated in this CSO. The government will not pay companies for the costs associated with Solution Brief submissions.

Phase 2 Presentations/Pitches (if applicable): Companies whose Solution Briefs are evaluated to be of merit, may be invited to provide a pitch following the instructions provided in Sections 3.3 of this CSO. In the event that the government requires a demonstration, additional information will be provided in the specific AoI highlighting those procedures, otherwise Phase 2 will be comprised solely of the presentation/pitch. The government reserves the right to request additional technical information to determine if a company has a viable solution for the government’s specific AoI. The government will not pay companies for costs associated with pitches, unless otherwise stipulated.

Phase 3 Apha Negotiations: Those companies that are evaluated to be of merit through Phase 1 or Phase 2 or a combination of these avenues, may be invited to participate in Alpha negotiations with the Government to finalize a solution, negotiate final price, Intellectual Property rights and other elements resulting in an award of a contract (or other agreement as appropriate). The government will not pay companies for costs associated with developing submissions or participating in alpha negotiations in regard to this CSO or resulting AoI, unless otherwise stipulated within the AOI.

NOTE: The government reserves the right to forgo Phase 2 by extending an invitation to participate in alpha negotiations from “all or some” of the proposed solutions based on the individual merits. The government also reserves the right to move expeditiously through the phases based on the merit of submissions if urgent requirements arise.

The government may add AOIs against this CSO at any time throughout its duration. Interested companies are encouraged to frequently check the GPE website for new AoI postings.

Benefits of the CSO process and the potential for award include:

1. A streamlined application process requiring only minimal corporate and technical information fast track evaluation timelines for Solutions Briefs.

2. Negotiable payment terms for non-dilutive capital.

3. Negotiable intellectual property (IP) rights.

4. Secure and direct feedback from end users, mission partners and users within the DoD to help product teams develop and hone product design and functionality.

5. Potential follow-on funding for promising technologies and/or sponsorship of user test cases for prototypes and possible follow-on production contract or OTs.

6. Each proposal is evaluated on its individual merits rather than on a comparative basis.

NOTE: During any step of the CSO, the government may send questions or comments for the offerors to address via email.

2. Definitions

1. “Area of Interest” (AoI) means an announcement posted on the GPE website, which may result in the award of various types of contracts that will be dependent on the specific AoI requirement.

2. “Commercial Solutions Opening” (CSO) is a competitive procedure contracting officers may use to acquire innovative commercial items, technologies, or services.

3. Commercial Solution Proposal (CSP): is a commercial proposal that is submitted in response to an AoI that is governed by a CSO. CSPs may be requested as a result of Solution Briefs and/or presentations/pitches.

4. “Other Transactions” refers to the type of Other Transaction Agreement (OTA) that may be placed as a result of this CSO and associated AoIs. This type of OT is authorized by 10 U.S.C. §2371b for prototype projects directly relevant to enhancing the mission effectiveness of military personnel and the supporting 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. This type of OTA is treated by DoD as an acquisition instrument, commonly referred to as an “other transaction” for a prototype project or a Section 2371b “other transaction”.

5. “Prototype Project” can generally be described as a proof of concept, model, reverse engineering to address obsolescence, pilot, novel application of commercial technologies for defense purposes, agile development activity, creation, design, development, demonstration of technical or operational utility, or combinations of the foregoing. A process, including a business process, may also be the subject of a prototype project.

Although assistance terms are generally not appropriate in OT agreements, ancillary work efforts that are necessary for completion of the prototype projects, such as a test site training or limited logistics support, may be included in prototype projects. A prototype may be physical, virtual, or conceptual in nature. (ref:

31, Appendix A, November 2018 Other Transaction Guide, v.1.0.) The quantity of prototypes/commercial solutions should generally be limited to that needed to prove technical or manufacturing feasibility or evaluate military utility.

6. “Nontraditional Defense Contractor” is defined in 10 U.S.C. § 2302(9) as an entity that is not currently performing and has not performed, for a least the one-year period preceding the solicitation of sources by the DoD for the procurement or transaction, any contract or subcontract for the DoD 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. This includes all small business concerns under the criteria and size standards in 13 C.F.R. § 121.

7. “Nonprofit Research 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 ensures to the benefit of any private shareholder or individual.

8. “Small Business Concerns” is defined in the Small Business Act (15 U.S.C 632).

9. “Innovative” means any item that is—

a. A commercially available technology, process, or method, that allows for expeditious production/distribution that is unique as of the date of submission of proposal; or

b. A new technology, process, or method, including research and development that is new as of the date of submission of proposal; or

c. A new application or adaptation of an existing technology, process, or method as of the date of submission of a proposal; or

d. An existing item within the production/commercialization phase (i.e. after design or development, and before widespread government adoption) as well as adaptations of existing commercial products.

3. Guidelines for Solution Briefs, Pitches, and Proposals

3.1 General Guidelines

Unnecessarily elaborate brochures or proposals are not desired.

When applicable, use of a diagram(s) or figures(s) to depict to the essence of the proposed solution is strongly encouraged.

Documents embedded into the solution brief is not desired and would render the offeror ineligible for award.

Companies may submit multiple Solution Briefs in response to any single AoI if each submission represents a separate and distinct concept. Individual Solution Briefs may only address one concept based on the stated AoI.

The period of performance for any documentation submitted under this CSO should generally be no greater than 12 months (unless otherwise specified in the AoI).

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

All Solution Briefs, presentations/pitches, and other submitted documentation must be unclassified. Do NOT mark any documents as “CONFIDENTIAL”. Solution Briefs, presentations/pitches, and proposals containing data that is not to be disclosed to the public for any purpose or use by the government except for evaluation purposes shall include the following general disclaimer on the Title / Cover page: “This [select one:

Solution Brief, Presentation / Pitch] 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 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]”

Recommended marking (header or footer) for portions of business plans and/or technical information that are to be protected for a period of five years from FOIA disclosure:

“5 U.S.C. §552, provides that disclosure of certain types of information (i.e. trade secrets and commercial or financial information) is not required, and may not be compelled, for five years after the date on which the information is received by the Department of Defense.”

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NOTE: Foreign-Owned businesses may independently submit a solution or do so as part of a teaming arrangement with one or more United States-Owned businesses. However, the ability to obtain an agreement based upon a submission may depend upon the ability of the Foreign-Owned business to obtain necessary clearances and approvals to obtain proscribed information.

Questions regarding the objectives or preparation of the Solution Brief should be addressed to the POCs listed in the respective AoI.

Submissions must be submitted electronically as prescribed in the respective AoI.

Submission sent through other channels or after the prescribed AoI open period has ended will not be considered, reviewed nor evaluated.

Entities submitting Solution Briefs that are not chosen for the presentation/pitch phase or the RFP phase will be notified in writing as soon as practicable. Further verbal feedback may be provided, upon request, at the Contracting/Agreements Officer’s discretion.

3.2 Phase 1 Solution Brief:

3.2.1 Phase 1 Solution Brief Content:

Solution Briefs should not exceed ten (10) single-sided written pages using 12-point font unless otherwise stated on the subject AoI.

Solution Briefs must include the following:

1. Title / Cover Page: Company Name, Title, Date, Point of Contact Name (must be authorized to negotiate with the government), E-mail Address, Phone and Address.

Specifically identify the AoI number and the overall CSO number for which the Solution Brief is submitted.

2. Executive Summary: Provide an executive summary of the technology or service.

(This is included in the 10 written pages limit).

3. Technology Concept: Show and/or describe how your proposed solution or potential new capabilities represent an application of innovative commercial products, innovative commercial technologies and services to the AoI. Describe the unique aspects of your technology and the proposed work as it relates to the AoI.

Identify whether the effort includes the pilot or demonstration of existing commercial technology (identified as commercially ready and viable technology), or the development of technology for potential defense application. If development or adaptation is proposed, identify a suggested path to mature the technology.

Identify aspects of your solution, to include data and software, which may be considered proprietary. Solution briefs must include a plan for government exit (exit strategy) in the event of vendor non-performance or company dissolvement/ closure etc.

tanya.d.buttner Highlight

4. Price: Provide a rough order of magnitude (ROM) price for the proposed solution and include desired payment terms.

NOTE: The title page and ROM does not count against page limit, however, the executive summary does.

3.2.2 Phase 1 Solution Brief Basis of Evaluation:

Brief evaluation criteria are listed in order of importance from top to bottom.

Individual Solution Briefs will be evaluated against the evaluation criteria described below:

1. Responsiveness of the Solution Brief in addressing the AoI with a commercially available product and/or process readily available to meet the immediate needs;

2. The technical merit of the proposed solution, including the extent to which the proposed solution is unique, and/or innovative to government application; and

3. The extent to which funding is available for the proposed effort.

Solution Briefs will be evaluated on the evaluation criteria listed above, not against other Solution Briefs submitted in response to the same AoI. The government may elect to use external market research in the evaluation of a company’s viability. The government reserves the right to select “all, some, or none” of the Solution Briefs submitted in response to the AoI. The government will endeavor to complete the Phase I evaluation of Solution Briefs within 30 calendar days of the closing of the submittal period and will attempt to notify the company of the results of the evaluation as soon as practicable.

Additional technical evaluation criteria specific to a particular project may be used. In these instances, the additional criteria will be posted within or as an attachment to the AoI on the GPE website.

Upon review of a Solution Brief, the government may elect to invite “all, some or none” of the proposed solutions into phase 2, the presentation/pitch or forego phase 2 and invite proposed solutions directly into phase 3, alpha negotiations based on the merits of the Solution Brief. In phase 2, companies are invited to pitch and further discuss their proposed concept/technology/solution in person or virtually. During phase 2, the government may request and/or provide additional information to the company.

3.3 Phase 2 Presentation/Pitch (if applicable):

3.3.1 Phase 2 Presentation/Pitch Content:

In Phase 2 if applicable, companies must provide a presentation/pitch to demonstrate and provide further details on the technical and business viability of their proposed solution. The government reserves the right to request an in-person, virtual or paper presentation depending on the specific requirement. Specific requirements of the pitch will be covered in chere.v.benson the AoI. In the event that the government requires a demonstration, additional information will be provided in the specific AoI highlighting those procedures, otherwise Phase 2 will be comprised solely of the presentation/pitch. In addition to the presentation/pitch, the government, at its discretion, may request an additional written submission to supplement/clarify the information provided in the Phase I Solution Brief. During the Phase 2 presentation/pitch, the company must detail/address the following:

1. A description or demonstration of how the proposed solution represents an innovative application of commercial technology to the AoI.

2. Explanation of how the ROM provided in phase I connects to the technical approach and notional schedule.

3. Description of proposed deliverables.

4. Any Intellectual Property (IP) involved in the effort and associated restrictions on the governments use of that IP.

5. Identification of applicable warranties and associated restrictions.

6. Additional information/detail from the company’s Phase I Solution Brief, as specified in the government’s invitation to Phase 2.

3.3.2 Phase 2 Presentation/Pitch Basis of Evaluation:

Individual presentations/pitches will be evaluated against the evaluation criteria below an not against any other presentations/pitches held under the same AoI. Presentation/pitch submissions will be valid for 90 days after pitch evaluation. The government will aim to complete evaluation of presentation/pitches within 30 calendar days of the presentation/pitch.

Individual Review Panels (IRP) will be determined for each AoI posted under this CSO.

After competing the evaluation of presentation/pitch submissions, the government will notify the company that: they are invited to participate in alpha negotiations in Phase 3; their proposed concept/technology/solution is not of continued interest to the government and they will not be invited to Phase 3; or their proposed concept/technology/solution is of continued interest to the government, but is not currently eligible for an invitation to Phase 3 CSP submission due to the current lack of government resources and/or funding.

NOTE: 120 days after presentation/pitch evaluation, if government funding or resources are not assigned to a Phase 3 alpha negotiation, the government will provide a notification of non-eligibility and officially close the AoI selection process.

Presentation/Pitch evaluation criteria are listed in order of importance from top to bottom.

Presentation/pitches shall be evaluated/scored on the following factors:

1. Level of relevancy of the solution in addressing the AoI with a commercially available product and/or process;

2. The technical merit of the proposed solution adequately addressed the AoI need(s) and demonstrated feasibility for the government to pursue the proposed solution;

3. Level of uniqueness, and/or innovative approach to solve the government need;

4. Level of technical risk/maturity;

5. Level of risk placed with the proposed ROM;

6. Level of risk in the proposed prototype/milestone schedule and its ability to meet the AoI need within a relevant time period;

7. Level of risk in the company’s viability and business solution; and

8. Level of potential risk in anticipated IP and data rights assertions

3.4 Phase 3 Alpha Negotiations:

The third and final phase of the CSO process is alpha negotiations. If invited to participate, Alpha negotiations will consist of an integrated team-based effort consisting of DeCA technical representatives, the Contracting Officer and offeror for organizing and negotiating all items relevant for an award to include, but not limited to a Performance Work Statement (PWS) or Statement of Work (SOW), Contract Data Requirements Lists (CDRLs), Contract Line Item Number (CLIN) structure and Quality Assurance Surveillance Plan (QASP).

Offerors invited to participate in alpha negotiations may be advised to schedule a teleconference or in person meeting with technical and contracting staff to address the alpha negotiation process.

Additionally, companies will be invited to provide their own internal terms and conditions that may be consolidated with those of the government. This includes, but is not limited to, Service License Agreements (SLA) and/or User License Agreements (ULA).

Companies should note that there are certain terms and conditions the government may be unable to accept. However, projects awarded through the CSO may provide flexibility to adopt customary industry standards where it is otherwise legal and meets the government’s general public responsibility.

NOTE: At the end of the alpha negotiations phase, the offeror’s final proposed price must be deemed fair and reasonable by the government for an offeror to be eligible for an award.

Proposed prices deemed to not be fair and reasonable may not proceed to the award process without negotiations that result in a fair and reasonable determination.

4. Awards

4.1 General Guidelines

Upon favorable review and funds availability, the government may choose to make a fixed price award either using FAR Part 12 Acquisition of Commercial Items, OT authority or other authority. The Contracting/Agreements Officer reserves the right to negotiate directly with the company on the terms and conditions prior to execution of the resulting contract or OT, including payment terms, and will execute the contract/agreement on behalf of the government. Be advised, only a Contracting or Agreements Officer has the authority to enter into, or modify, a binding contract or agreement on behalf of the United States Government.

In order to receive a fixed price award using either FAR 12 Acquisition of Commercial Items, OT authority or other authority:

1. A company must have a Unique Entity Identifier (UEI) number and must register in the System for Award Management (SAM) prior to receiving an award or agreement.

Companies, not already registered, are advised to commence SAM registration upon perusing an AoI announcement. A company must also register in the prescribed government invoicing system (e.g., Wide Area Work Flow).

2. A company must be determined to be responsible by the Contracting/Agreements Officer and must bot be suspended or debarred from award by the Federal Government nor be prohibited by Presidential Executive Order and/or law from receiving an award.

Receipt of a request or CSP does not guarantee that a company will receive an award and the government reserves the right, at any point prior to award of a contract/agreement to cancel the request for CSP. The government reserves the right to make awards to all, some or none of the selected solutions.

NOTE: The government reserves the right to amend this CSO solicitation as necessary amendments for emerging requirements and changes in authority. Amendments to this CSO will be posted through the Government Point of Entry (GPE).

4.2 Comptroller General Access to Information (if applicable)

If the prototype OT provides for payments in a total amount in excess of $5,000,000, the Agreement will include a mandatory clause that provides for 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)

The CSO solicitation process for both FAR contracts and Other Transaction Agreements for prototype projects is covered by the Procurement Integrity Act (PIA). PIA is implemented for FAR contracts through FAR subpart 3.104. PIA coverage for OTAs is implemented through 10 U.S.C. § 2371b(h). Accordingly, the CSO competitive solicitation process and awards made thereof must adhere to the ethical standards required by the PIA.

5. Iterative Prototype

An OTA for a prototype awarded against this CSO shall allow for an iterative prototyping process.

An iterative prototyping process will allow the government to modify, by mutual agreement, the scope of a prototype contractor or OT to allow for the adaptation and modification of the tanya.d.buttner Highlight tanya.d.buttner Highlight technology being prototyped to meet additional unique and discrete purposes/mission sets.

The sequential prototype iterations may result in separate phased prototype projects rather than a modification of the original prototype contract or OT. These additional unique and discrete purposes/mission sets can be generated by the government.

6. Successful Completion

A prototype project is complete upon the written determination of the appropriate approving official (program manager and Contracting/Agreements Officer) for the matter in question that the efforts conducted under a prototype contract or OT: (1) met the key technical goals of a project; (2) met the metrics incorporated into the prototype contract or OT; or (3) accomplished a particularly favorable or unexpected result that justifies the transition to a production contract or OT.

Furthermore, prior to successful completion of a prototype project under this CSO, the government can 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.

7. Follow-On Production

After a fixed price award of a prototype project under the authority of 10 U.S.C. 2371b, the government and company may negotiate a follow-on contract or OT for production or solution integration with or without further competition. Any concept/technology/solution successfully proven through a prototype OT can be transitioned to a production contract. The government reserves the right to award a follow-on contract or OT before the prototype is complete.

Any AoI posted by the government under this CSO may result in the potential award of a follow-on production or solution integration contract or OT.

8. Contact Information Contracting Officer: Tanya Buttner; Tanya.d.buttner.civ@army.mil

9. Areas of Interest (AoI)

Please NOTE this is NOT a request for Solutions Briefs, presentations/pitches or proposals.

AoIs will be posted as separate announcements related to this CSO posting.