Description
Agency OT Announcement 10 U.S.C. 4022 Other Transaction Authority (OTA) for Prototype Description: OT Direct for Medium Tactical Truck (MTT) Prototype 1.0 Introduction: As a follow on to the RFI/sources sought notice M67854-23-I-5403 (posted in December 2022) and the Industry Day Briefs (posted in February 2023), Program Manager Medium & Heavy Tactical Vehicles (PM MHTV), Marine Corps Systems Command has evaluated all white papers (consisting of a technical & management approach) submitted by the traditional and non-traditional defense contractors for the most advantageous solution in developing MTT Prototypes. Pursuant to this announcement, PM MHTV has, to the maximum extent practicable, competitively selected 3 vendors for negotiating and establishing OT Prototype agreements as a result of evaluation of the white papers. The evaluation of the white papers addressed the requirements set forth in the RFI. The authority for Prototype Other Transactions (OT) at 10 U.S.C. section 4022 defines Non-traditional Defense Contractors (NDC) by reference to 10 U.S.C. section 3014 which in turn defines an NDC as entities that are not currently performing and have not performed any Department of Defense (DoD) contract or subcontract subject to full cost accounting standards for at least 1 year before the relevant announcement or solicitation. In addition, 10 U.S.C. section 4022(d)(1), among other items, requires vendors to meet one of the following conditions as a perquisite for award of a prototype project under this authority: At least one NDC or nonprofit research institution participates to a significant extent All significant participants are small businesses or NDCs NOTE: A Statement of Need (SON) and Top-Level Requirements (TLR) in support of MTT prototypes was issued with the initial RFI/sources sought notice (Notice ID: M67854-23-I-5403) which provided additional technical information. An update to the TLR is anticipated in 4QFY23 at the completion of the Office of Naval Research (ONR) base phase. For specifics on the MTT requirements, see the posted RFI/sources sought notice M67854-23-I-5403 MTT on the Government Point of Entry (www.SAM.gov)) Federal Business Opportunities. This Announcement is for all three phases of the MTT OT – Prototype. A separate Announcement will not be issued for Phase II (Build) & Phase III (Testing Support). As the MTT project progresses from each developmental phase, the Government may request an updated technical & price proposal at the completion of each phase of the project from those vendors that were awarded a design OT. As a result, a new follow-on OT agreement may be negotiated and established for Phase II & III of the project. The Government anticipates no cost sharing throughout the entire project. 1.1 Purpose: The purpose of this announcement is to negotiate and establish an agreement with up to three (3) contractors based on the assessment of the white papers in meeting the SON and TLR in support of the MTT prototype project. In addition, all participants for this project must ensure that they are making progress from all phases of the project: Phase I (Design), Phase II (Build), Phase III (Test Support). 2.0 Selection & Negotiation: 2.1 Selection: To the maximum extent practicable, the Government anticipates negotiating and establishing OT agreements up to three (3) vendors based on the assessment of the white papers for initial designs with options to build MTT prototypes and support Government testing that will inform and refine the existing TLR for MTT. PM MHTV conducted an industry day on 23 February 2023 in support of this effort where further information was given and white paper submissions were requested with a deadline date of 24 March 2023 that addressed the SON. PM MHTV evaluated the white papers for technical and management approach, with respect to the SON and TLR, in the design, building, and test support of MTT prototypes. The Government is currently negotiating with the top three (3) vendors. If you were not contacted and/or informed that you were selected for negotiations, then you were not among the top three (3) vendors. However, you may be invited to negotiate if the negotiations with the initial selectees are unsuccessful. In cases where the Government and selected vendor(s) cannot come to the agreement on the OT terms and conditions, the Government may choose to negotiate with the next advantageous vendor that was not initially selected for negotiation and discontinue negotiations with previously selected vendor(s). 2.2 Negotiation: The vendors selected through the white paper process have been notified in writing and have been provided a baseline copy of the USMC OT for Prototype Agreement as a basis for negotiations and delineation of terms of the agreement. The OT approach is flexible such that many terms including Scope of Work, schedule, milestones, and data rights are open for negotiation to mitigate the risks for both parties (Government & Contractor) in undertaking this project while achieving the Government’s project objectives. The Government anticipates that each negotiated OT agreement will be unique to that vendor. To the maximum extent practicable, negotiation between the Government and potential awardee(s) will be collaborative in nature. The Government anticipates having open communication with the selected vendors to foster transparency and to ensure the negotiated terms and/or conditions are appropriate for the success of the project. The negotiated terms and/or conditions include, but are not limited to: Technical Data Rights Task / Performance schedule Milestone Payments Transfer of Title to the prototype 3.0 Submission of OT- Prototype Proposal: The selected vendor(s) may provide additional information or comments on the OT Agreement by carefully reviewing the terms and conditions the USMC proposes for the OT Prototype Agreement as it relates to the Task Description Document (TDD). For Phase I (Design), the Government will provide a binding not-to-exceed (NTE) amount. The selected vendor(s) shall provide a narrative of the team composition by providing the following information throughout the entire project: NDC status Proposed team member’s area of responsibility Proposed pricing for each phase of the project (as applicable) Please be advised that any proprietary information must be marked as such on a page-by-page and paragraph by paragraph basis. The Government will not assume that any of the information provided by a vendor is proprietary unless it is conspicuously marked on this basis. Moreover, the Government does not assume any duty to contact a vendor and inquire whether any unmarked information submitted in response to this Announcement is proprietary. 4.0 Attachments: RFI (M67854-23-I-5403) Statement of Need Draft MCSC OT Agreement - MTT Prototype (provided only to the three (3) selected vendor(s)) Draft MTT Schedule and Milestones payment phase I (provided only to the three (3) selected vendor(s)) Performance Specifications – (provided only to the three (3) selected vendor(s))