BAA Process. DARPA Contracts Management Office Christopher L. Glista Contracting Officer. SubT Proposers Day January 18, 2018

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1 DARPA Contracts Management Office Christopher L. Glista Contracting Officer SubT Proposers Day January 18, /25/ Approved for Public Release; Distribution Unlimited

2 What is a BAA? Solicitation for the acquisition of basic and applied research Shall only be used when meaningful proposals with varying technical/scientific approaches can be reasonably anticipated Described in Federal Acquisition Regulation (FAR) Part 35 Streamlined process 6 paragraph description at FAR Part vs. 11 pages for FAR Part 15 Request for Proposal (RFP) 2

3 How does the Work? Detailed Information on DARPA BAA process can be found at: DARPA Instruction 20 and DARPA BAA Guide are available for download under: Solicitation and Contracting Policy and Procedures DARPA Instructions and Guides 3

4 Evaluation/Award No common Statement of Work, proposals are not compared or ranked: Proposals received as a result of the BAA shall be evaluated in accordance with evaluation criteria specified therein through a peer or scientific review process. Written evaluation reports on individual proposals will be necessary but proposals need not be evaluated against each other since they are not submitted in accordance with a common work statement. Government reserves the right to select for award all, some, or none of the proposals received and to award without discussions 4

5 In Descending Order of Importance: Evaluation Criteria Overall Scientific and Technical Merit Potential Contribution and Relevance to the DARPA Mission Cost and Schedule Realism Proposer s Capabilities and/or Related Expertise Complies with guidance at FAR (e): The primary basis for selecting proposals for acceptance shall be technical, importance to agency programs, and fund availability. Cost realism and reasonableness shall also be considered to the extent appropriate. 5

6 Communications ALL questions to BAA mailbox After Receipt of Proposals Government may communicate with proposers to understand the meaning of some aspect of the proposal that is not clear Only a duly authorized Contracting Officer may obligate the Government Informal feedback will be provided upon request once selection notifications are made upon request 6

7 Eligibility Information No portion of the BAA will be reserved for small business, no evaluation preference Foreign participants may participate Government agencies/labs, FFRDC s may respond but are subject to certain limitations 7

8 Eligibility Information (cont.) Government agencies/labs, FFRDCs cannot propose to this BAA in any capacity, UNLESS they can clearly demonstrate the work is not otherwise available from the private sector AND they also provide written documentation citing the specific statutory authority (as well as, where relevant, contractual authority) establishing their eligibility to propose to government solicitations. 8

9 Organizational Conflicts of Interest: Be aware: - DARPA general prohibition against SETA/A&AS contractors serving as R&D performers System for Award Management (SAM), Online Representations & Certifications, Wide Area Workflow (WAWF) Small Business Subcontracting Plan (FAR contracts > $700K) Certified Cost and Pricing Data Required (FAR contracts > $750K) 9

10 Award Instruments FAR-based procurement contract, Other Transaction agreement, cooperative agreement Proposers without a DCAA-approved cost accounting system must submit an SF 1408 with proposal to receive a cost reimbursement contract Other Transaction for Prototype Agreement 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 Department of Defense, or to improvement of platforms, systems, components, or materials in use by the armed forces. 10

11 Other Transactions (cont.) Generally not subject to the Federal laws and regulations governing procurement contracts. Not required to comply with the FAR, its supplements, or laws that are limited in applicability to procurement contracts. Examples: - Truthful Cost and Pricing - Cost Accounting Standards (CAS) Government Property.. Generally not subject to those laws and regulations that apply to grants and cooperative agreements 11

12 Other Transactions (cont.) This authority may be used only when at least one of the following conditions is met: - (A) There is at least one nontraditional defense contractor participating to a significant extent in the prototype project; - (B) All significant participants in the transaction other than the Federal Government are small businesses or nontraditional defense contractors; - (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 12

13 Other Transactions (cont.) Small Business the size standard varies per North American Industry Classification System (NAICS) code. NAICS code for this solicitation is = Research and Development in the Physical, Engineering, and Life Sciences < 1,000 employees Nontraditional Defense contractor - an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C and the regulations implementing such section. Cost accounting standards applicability contained in FAR appendix. Full coverage = $50M of CAS covered awards in previous accounting period or one $50M CAS contract or subcontract 13

14 Other Transactions (cont.) Other Transactions Guide (updated January 2017) available at: 14

15 Cost Reasonableness BAA not considered competitive for purpose of determining reasonableness of the proposed cost. Varying technical approaches make an apples to apples comparison of proposed costs impossible. Cost Volume asks for detailed information to support proposed costs: Direct labor categories/rates, indirect rates, material costs and substantiation, travel costs and substantiation Above information must be provided for subcontractors at the same level as the prime Information required for OT Agreement proposers as well Proposals/Subcontractors below the Truthful Cost and Pricing Threshold are not exempt from providing supporting cost information 15

16 Subcontracting for Research & Development Since the selection of R&D contractors is substantially based on the best scientific and technological sources, it is important that the contractor not subcontract technical or scientific work without the contracting officer s advance knowledge. No bait and switch 16

17 Additional Award Terms and Conditions Key Personnel Clause - Must demonstrate that the qualifications of replacements are equal to or greater than those of personnel being replaced. Public Release and Dissemination of Information: - SubT is considered fundamental research no publication restrictions anticipated 17

18 Data Rights - Intellectual Property Assert rights to all technical data & computer software to be generated, developed, and/or delivered to which the Government will receive less than Unlimited Rights Assertions that apply to Prime and Subs Use defined Basis of Assertion and Rights Category Justify Basis of Assertion This information is assessed during evaluations and will be incorporated into any contract award 18

19 Three data rights categories: Unlimited Rights Intellectual Property Government Purpose Rights (GPR) Limited/Restricted Rights The appropriate data rights category is determined by the funding source for the technical data/noncommercial computer software. 19

20 Inventions - Intellectual Property (cont.) Include documentation proving your ownership of or possession of appropriate licensing rights to all patented inventions (or inventions for which a patent application has been filed) that will be utilized under your proposal for the DARPA program. i-edison All patent reports and notifications for subject inventions made in the performance of Government-funded work for this effort must be submitted electronically 20