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CONFIDENTIAL AND PROPRIETARY. Any use of this material, in whole or in part, without written permission of Public Spend Forum is strictly prohibited. © Copyright 2015, Public Spend Forum. All Rights Reserved. www.publicspendforum.net Acquisition Innovation Essentials Procurement Strategies for Technology Insertion at the Speed of Relevance Benjamin McMartin, Esq., CPCM, Fellow January 2020
Transcript
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Acquisition Innovation EssentialsProcurement Strategies for Technology Insertion at the Speed of Relevance

Benjamin McMartin, Esq., CPCM, FellowJanuary 2020

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15 USC 372415 USC 3715

10 USC 2374a | 10 USC 2371 10 USC 2371b | 10 USC 2373

Section 804 Rapid Prototyping & Rapid Fielding

Standard Approach

1. Requirements Development (Solution)

2. Market Research

3. Synopsis

4. RFP

5. Source Selection

6. Award

Acquisition Innovation Approach

1. Define the Problem

2. Market Research

3. Publication

4. Solicitation

5. Negotiation

6. Award

Federal Acquisition Regulations & Associated Supplements

A Shift in How Governments Procure Technology

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15 USC 372415 USC 3715

10 USC 2374a | 10 USC 2371 10 USC 2371b | 10 USC 2373

Section 804 Rapid Prototyping & Rapid Fielding

Standard Approach

1. Requirements Development (Solution)

2. Market Research

3. Synopsis

4. RFP

5. Source Selection

6. Award

Acquisition Innovation Approach

1. Define the Problem

2. Market Research

3. Publication

4. Solicitation

5. Negotiation

6. Award

Federal Acquisition Regulations & Associated Supplements

Defining the Problem and Performing Market Research

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Traditional Acquisition

- Market Survey - Request For Information- Sources Sought- Industry Day- Conducting crowdsourcing events- Use of Partnership Intermediaries- Compiling a capabilities database- Conducting reverse industry days- Conducting Prize Challenges- Hackathons- Publishing surveys

- Market Survey- Request For Information- Sources Sought - Industry Day

Acquisition Innovation

Passive Market Research

Active Market Research

Defining the Problem and Performing Market Research

Presenter
Presentation Notes
The authorizing statute does not provide a definition of the term prototype; the DPAP guidance provides a broad, general description. Activities should be cautious to not craft or adopt narrow definitions of “prototype projects” within their negotiated agreements issued under the OT authority. The lack of definition within the statute, and expansive DPAP guidance provides the opportunity to drive innovation through aggressive use of the OT authority in a vast array of areas. Activities should work with legal counsel to define potential prototype projects through reference to the DPAP guide rather than rely on preconceived notions of what a “prototype” is. Commonly, reference to the term prototype conjures images of hardware systems, which is not the understanding in analyzing the DPAP guidance.
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Defining the Problem and Performing Market Research

Crowdsourcing and Citizen Science15 USC

3724

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Crowdsourcing and Citizen Science

• Crowdsourcing - method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community.

• Citizen Science – A form of open collaboration in which individuals or organizations participate voluntarily in the scientific process in various ways, including—

(A) enabling the formulation of research questions;(B) creating and refining project design;(C) conducting scientific experiments;(D) collecting and analyzing data;(E) interpreting the results of data;(F) developing technologies and applications;(G) making discoveries; and(H) solving problems.

This searchable database provides a government-wide listing of citizen science and crowdsourcing projects designed to improve

cross-agency collaboration, reveal opportunities for new high-impact projects, and make it easier for volunteers to find out

about projects they can join

15 USC 3724

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Use of Partner Intermediaries

Defining the Problem and Performing Market Research

15 USC 3715

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Partnership Intermediary Agreements (PIA)

• Partnership Intermediary Agreement (PIA): An agreement between the government and an intermediary organization to perform intermediary services.

• Partnership Intermediary: An agency of a State or local government, or a nonprofit entity that assists, counsels, advises, evaluates, or otherwise cooperates with small business firms or institutions of higher education, to provide services for a Federal laboratory.

• PIA Services• Innovation Hubs – Leverage tools & resources in an “open door” environment under one roof• Prize Challenges – Invite the public’s help to solve perplexing mission-centric problems• STEM – Host challenges & events• Shark Tanks – Compete & pitch ideas• Technology Sprints – 3 to 14 days event attacking a problem, speeding up decision making process• Technology Accelerator – “Boot camp” consisting of workshops & mentorship• Technology Incubator – Business, government & academic resources providing counsel

15 USC 3715

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• Sources and pre-screens technology from DoD labs for marketing by PIA Network

• Serves as focal point to labs for licensing• Helps other PIAs and their clients to develop high-

quality license applications and commercialization plans

• Assist DOD Labs, with manufacturing expertise, • Assist DOD Labs, DOD R&D efforts, to include DOD

procurement organizations, with technology scouting• Act as a Lab’s, PM’s, PEO’s, or a command’s “Honest

Broker” with industry and vendors

• Technology transition• Technology transfer Innovation & Collaboration• Workforce development (current & future, STEM)• Concept prototyping

• Technology Transfer/Commercialization and Collaboration:

• STEM: Collaborative camps, curriculum writing for state educational requirements

• Educational Partnership Agreements

Partnership Intermediary Examples (DoD)

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• University-sponsored class that allows students to research Department of Defense problem sets

• Government problem sponsors partner with the nation’s top students, solving national security issues with lean business practices.

• Sponsors guide their students while they rapidly create and deploy solutions.

• Coaching, mentoring, training, and direct acquisition support to Department of Defense activities.

• “Transaction Intensive Management Events (TIME)” to assist acquisition teams in defining problem sets and match acquisition approaches.

• Training to Govt and Industry on alternative authorities for Federal Procurement

• Frame problems and provide innovation tools (Education).

• Collaborate with non-traditional partners and venture community to identify solutions (Collaboration).

• Adapt solutions through public funding or dual-use venture (Acceleration).

• Embedded engagement with Silicon Valley• Translating DOD problem sets into actionable problems,

easily translated to commercial solution providers• Pioneered use of Commercial Solutions Opening as

Solicitation method

Hacking 4 DefenseAcquisition

Innovation Road Show

Defense Innovation Unit

National Security Innovation Network

Agency Resources for Problem Refinement

Defining the Problem and Performing Market Research

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15 USC 372415 USC 3715

10 USC 2374a | 10 USC 2371 10 USC 2371b | 10 USC 2373

Section 804 Rapid Prototyping & Rapid Fielding

Standard Approach

1. Requirements Development (Solution)

2. Market Research

3. Synopsis

4. RFP

5. Source Selection

6. Award

Acquisition Innovation Approach

1. Define the Problem

2. Market Research

3. Publication

4. Solicitation

5. Negotiation

6. Award

Federal Acquisition Regulations & Associated Supplements

Publication and Solicitation

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Traditional Acquisition

- Synopsis- RFQ/RFP- Broad Agency Announcement- Commercial Solutions Opening- Request For Solutions- Requests For White Paper- Prize Contest- Hackathon- Shark-Tank- Pitch Event

Publication & Solicitation

SynopsisRequest For Quote/Proposal

(RFQ/RFP)

Acquisition Innovation

Presenter
Presentation Notes
The authorizing statute does not provide a definition of the term prototype; the DPAP guidance provides a broad, general description. Activities should be cautious to not craft or adopt narrow definitions of “prototype projects” within their negotiated agreements issued under the OT authority. The lack of definition within the statute, and expansive DPAP guidance provides the opportunity to drive innovation through aggressive use of the OT authority in a vast array of areas. Activities should work with legal counsel to define potential prototype projects through reference to the DPAP guide rather than rely on preconceived notions of what a “prototype” is. Commonly, reference to the term prototype conjures images of hardware systems, which is not the understanding in analyzing the DPAP guidance.
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Competitive solicitation process pioneered by Defense Innovation Unit (DIU) and Army Contracting

Command New Jersey (ACC-NJ).

The CSO is a three-phase process including (1) evaluation of company

solution briefs; (2) pitch to the government; and (3) invitation to

submit proposals to be negotiated with the government.

Competitions among individuals, private industry, academia, and

Government stakeholders, requiring them to submit solutions in response

to a defined problem set. Challengers are incentivized through

the use of monetary or non-monetary rewards.

Agency announcement with Peer or Scientific Review for the acquisition of basic and applied research and

that part of development not related to the development of a specific

system or hardware procurement. Issued annually to solicit meaningful

proposals with varying technical/scientific approaches.

Commercial Solutions Opening Annual Plan Call for WPs Prize ChallengeBroad Agency Announcement

Competitive solicitation process in which the Government identifies broad topic areas for investment, along with current Government

capability gaps to a consortium of companies. In response industry submits white paper solutions for further development, negotiation,

collaboration and award.

Open Call Solicitation Methods for OTA

“Agencies that intend to award only OTs from a solicitation are free to create their ownprocess to solicit and assess potential solutions”

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Prize Challenges

Prize challenges are: Competitions among individuals, private industry, academia, and Government stakeholders, requiring them to submit solutions in response to a defined problem set

Challengers are incentivized through the use of monetary or non-monetary rewardsPurpose: To increase the attention on the problem set and help to diversify the vendor pool for proposed solutions beyond the traditional Government industry partners

Previous Challenges:Longitude and ship navigationLindbergh's transatlantic flightDesigns for the U.S. Capitol and White HouseCost-effective clean water systemsGunshot detectorsRobots that can set up life support on Mars

10 USC 2374a

Launched in 2010, Challenge.gov allows federal agencies to crowdsource ideas

from the public and solve problems with thinkers and doers from any

neighborhood and field of expertise. Since 2010, the U.S. government has run nearly

1,000 challenges and offered well over $250 million in cash prizes for the best

ideas.

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Recent Prize Challenges

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“[A]gencies are encouraged to leverage other events, activities, or even authorities to provide for the collection of potential solutions.”

- USD(A&S) OT Guide, p. 16 (2018)

Agen

cy O

rgan

ized

H

acka

thon

10 USC 2374a(Prizes for Advanced

Technology Achievements)

10 USC 2373(Procurement for

Experimental Purposes)

10 USC 2371b(Prototype OTA)

Leveraging solutions resulting from a prize

challenge / Hackathon, the Government may buy supplies, including parts

and accessories, and designs thereof, for

experimental or test purposes by contract or

otherwise.

Leveraging the Prize Challenge / Hackathon as a solicitation method, the

Government may, in addition to awarding

prize money, enter into a prototype other

transaction agreement for further development

and delivery of a prototype.*

*Where the prototype is successfully completed, the Government may pursue sole-source, follow-on Production through OTA or contract.

WHY STACK? - Stacking authorities maximizes the value of activities such as prize challenges or Hackathons through challenge.gov or similar agency-organized activities. Leveraging such activities as both a market research tool and a solicitation for future efforts allows the Government to identify novel technologies, reward creative solutions, test potential applications, prototype hardware and processes, and produce the materiel solutions of tomorrow.

Stacking Authorities – Prize Challenge to Production

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15 USC 372415 USC 3715

10 USC 2374a | 10 USC 2371 10 USC 2371b | 10 USC 2373

Section 804 Rapid Prototyping & Rapid Fielding

Standard Approach

1. Requirements Development (Solution)

2. Market Research

3. Synopsis

4. RFP

5. Source Selection

6. Award

Acquisition Innovation Approach

1. Define the Problem

2. Market Research

3. Publication

4. Solicitation

5. Negotiation

6. Award

Federal Acquisition Regulations & Associated Supplements

Negotiation and Award

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Negotiation & Award

10 USC 2373Procurement for Experimental

Purposes

10 USC 2371bPrototype Authority

10 USC 2371Basic, Applied, and Advanced

Research

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• For basic, applied, and advanced research projects• 50/50% Cost Share (to the Extent Practicable• Used where contract, grant, or cooperative agreement

are not “feasible or appropriate”• Custom IP negotiated at arms length• No FAR/DFARS or DODGARS

• For purchase of ordnance, signal, chemical activity, transportation, energy, medical, space-flight, and aeronautical supplies, for experimental or test purposes

• Purchase quantities are limited to the amount necessary for experimentation.

• For prototyping directly relevant to DOD mission • 1/3 Cost Share or significant NDC participation• Custom IP negotiated at arms length• No FAR/DFARS or DODGARS

(Other than Contract, Grant, or Cooperative Agreement)

10 USC 2371

Research OT

10 USC 2371Technology Investment

Agreement (TIA)

10 USC 2373 10 USC 2371b

Purchase for Experimentation Prototyping OT

• For basic, applied, and advanced research projects• 50/50% Cost Share (to the Extent Practicable• Used where contract, grant, or cooperative agreement

are not “feasible or appropriate”• Standard IP provisions• No FAR/DFARS but DODGARS does apply

Research & Acquisition Authorities

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Directly relevant to enhancing the mission effectiveness of military personnel and thesupporting platforms, systems, components, or materials proposed to be acquired ordeveloped by the Department of Defense, or to improvement of platforms, systems,components, or materials in use by the armed forces.

A proof of concept, model, reverse engineering to address obsolescence, pilot, novelapplication of commercial technologies for defense purposes, agile development activity,creation, design, development, demonstration of technical or operational utility, orcombinations of the foregoing. A process, including a business process, may be the subject ofa prototype project.

Purpose

(A)There is at least one nontraditional defense contractor or nonprofit research institution participating to a significant extent in the prototype project.

(C)At least one third of the total cost of the prototype project is to be paid out of funds provided by sources other than the federal government.

Prototype OT Authority – 10 USC 2371b – The 3 P’s

Prototype

Participation

Presenter
Presentation Notes
The National Aeronautics and Space Administration (NASA) pioneered the first use of “other transactions” (OTs) following the National Aeronautics and Space Act of 1958 (Pub. L. 85-568). Since then, the term has been generally used to refer to the statutory authorities that permit a Federal agency to enter into transactions other than procurement contracts, grants, or cooperative agreements. Not to be confused with OTs for Research and Development, authorized under 10 USC 2371, sometimes referred to as Technology Investment Agreements (TIAs). TIAs are assistance agreements subject to the DoD Grant and Agreement Regulations (DODGARS); Section 815 OTAs are not subject to DODGARS and are considered acquisition instruments. “Other Transactions” for Prototype Projects. Section 2371b authorizes DoD to carry out prototype projects using a legal instrument other than a procurement contract, grant, or cooperative agreement under the authority of section 2371. Because awards for prototype projects are intended to provide DoD a direct benefit, these OTs are acquisition instruments. “Other Transactions” for R&D. OTs used to carry out basic, applied or advanced research projects in accordance with section 2371. For example, the authority of 10 U.S.C. §2371 is used to award Technology Investment Agreements (TIAs) in instances where the principal purpose is stimulation or support of research. 10 USC 2373 – Procurement for Experimental Purposes: Allows procurement of items (including foreign items) for “experimentation, technical evaluation, assessment of operational utility, or safety or to provide a residual operational capability.” Limited in scope to procurement of - ordnance, signal, chemical activity, transportation, energy, medical, space-flight, and aeronautical supplies, including parts and accessories, and designs thereof. 2018 NDAA establishes a preference for using this authority. Armed Services Procurement Act (and FAR) Inapplicable. Delegation has been limited (DARPA; Some Air Force; Army but limited to support DIUx) 10 USC 2371 – Basic, Applied, and Advanced Research Should be distinguished from TIAs, which conform to Bayh-Dole and thus are governed by DoDGARS. By customizing IP under a Section 2371 OT for Research, DoDGARS becomes inapplicable, and you have a 2371 OT for research. Also preferred method per the 2018 NDAA, stating: “In the execution of science and technology and prototyping programs, the Secretary of Defense shall establish a preference, to be applied in circumstances determined appropriate by the Secretary, for using transactions other than contracts, cooperative agreements, and grants entered into pursuant to sections 2371 and 2371b of title 10, United States Code, and authority for procurement for experimental purposes pursuant to section 2373 of title 10, United States Code.” 10 USC 2371b – Prototype Authority - This is the focus of this presentation
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A Non-traditional Defense Contractor is “[a]n entity that is not currentlyperforming and has not performed, for at least the one-year period preceding thesolicitation of sources by the Department of Defense for the procurement ortransaction, any contract or subcontract for the Department of Defense that issubject to full coverage under the cost accounting standards prescribed pursuantto section 1502 of title 41 and the regulations implementing such section. (10 USC2302(9))

Most Entities will find they qualify as Non-traditional Defense Contractors, because:

Small businesses are exempt from CAS requirements

Exclusively perform contracts under commercial procedures

(FAR Part 12)

What is a “Non-traditional Defense Contractor”

? ??

Exclusively perform Fixed-Price Contracts with Adequate Price

Competition

Perform less than $50M in CAS covered efforts during the

previous accounting period

Presenter
Presentation Notes
Firms investigating entering into a Section 815 OT with the DOD should first identify whether their firm is considered an NDC. This is because NDCs are afforded special treatment under the OT statute, being exempted from the cost-sharing requirement . For entities who have never held a contract with the Department of Defense, the answer is quite simply yes, they qualify as an NDC. For those companies who have performed DOD contracts, and those whose business model is exclusively defense based, you may be surprised to find that your firm is likely to be considered an NDC as well. Per the statutory definition, NDCs are all entities that have not performed under a narrowly defined set of circumstances within one year of solicitation of the current OT opportunity. In order for an entity to not qualify for NDC status, it would need to meet all elements of the prescribed definition within that time period. This includes performance of a DOD contract or subcontract subject to full cost accounting standards (CAS) coverage within one year prior to solicitation of the OT for prototype opportunity. The effect of this narrow definition is that a large number of entities will fall into the NDC category, including nearly all small business concerns, and even those firms that work exclusively with DOD. This is in part due to the exemptions to CAS coverage under 41 U.S.C. § 1502 and FAR Part 30, which exempt commercial contracts, firm fixed-price contracts based on adequate price competition, and any contract or subcontract with a small business concern, amongst other exemptions. Further, even where an entity is not outright exempt from CAS coverage, the entity may not have been subject to “full” CAS coverage. This is because full CAS coverage only applies to firms that receive a single CAS-covered contract award of $50 million or more; or received $50 million or more in net CAS-covered awards during its preceding cost accounting period. - Once firms have determined their NDC status, they are in a better position to assess opportunities to engage with DOD through the OT authority, and to partner with firms who do not qualify for NDC status, taking advantage of the statute’s exception to cost-sharing where there is at least one nontraditional defense contractor participating to a significant extent in the prototype project.
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Significant Extent: the Agreements Officer (AO) is expected to considerinput from relevant technical advisors in assessing the totality of thecircumstances for each proposed prototype project.

The AO should consider, by way of illustration and not limitation, whether the NDC/nonprofitresearch institution will supply a new key technology, product or process; supply a novelapplication or approach to an existing technology, product or process; provide a material increasein the performance, efficiency, quality or versatility of a key technology, product or process;accomplish a significant amount of the prototype project; cause a material reduction in the cost orschedule of the prototype project; or, provide for a material increase in performance of theprototype project.

Significant Extent: Examples of what might be considered a significantcontribution include, but are not limited to, supplying new key technologyor products, accomplishing a significant amount of the effort, or in someother way causing a material reduction in the cost or schedule or increasein the performance.

DPAP OT GuideJAN 2017(Rescinded)

OUSD(A&S) OT GuideNOV 2018(Current)

The Three P’s - PARTICIPATION

Presenter
Presentation Notes
The authorizing statute does not provide a definition of the term prototype; the DPAP guidance provides a broad, general description. Activities should be cautious to not craft or adopt narrow definitions of “prototype projects” within their negotiated agreements issued under the OT authority. The lack of definition within the statute, and expansive DPAP guidance provides the opportunity to drive innovation through aggressive use of the OT authority in a vast array of areas. Activities should work with legal counsel to define potential prototype projects through reference to the DPAP guide rather than rely on preconceived notions of what a “prototype” is. Commonly, reference to the term prototype conjures images of hardware systems, which is not the understanding in analyzing the DPAP guidance.
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Drafting & Negotiating

23

It is the Government team’s responsibility to negotiate appropriate terms for the particular project andprovide for any expected future program needs. It is important to note that terms and conditions can evolvevia modification as a project proceeds through multiple phases of differing degrees of technologicalmaturity. In negotiating terms, the Government team should consider the following:

- Price Reasonableness- Intellectual Property - Title to Property- Payment Terms- Modifications- Disputes- Termination

- Remedies- Follow-On Activities- Recovery of Funds- Comptroller General Access- Flow Down Provisions- Accounting Systems

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Consortium Management Firm

(CMF)

7 Management Firms | 34 Agreements | $40 Billion in Ceiling

Consortia

500 Members 350 Members 250 Members1000 Members500 Members

1 Consortium7 Agreements

19 Consortia19 Agreements

3 Consortia4 Agreements

1 Consortium2 Agreements

1 Consortium1 Agreement

1 Consortium1 Agreement

2000+ Members

OTA Consortia

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Technology AreasSponsor ConsortiumContracting Activity

Managing Activity

Other Transaction Agreement

Ground Vehicle Systems

(GVS) OTAW15QKN-17-9-1025

Sponsor ConsortiumContracting Activity

Managing Activity

Other Transaction Agreement

Detroit Arsenal

Automotive (DA2) OTA

W56HZV-16-9-0001

Technology Areas

Automotive Cyber Security Vehicle Safety Technologies

Vehicle Light Weighting Autonomous Vehicles and Intelligent Systems

Connected Vehicles Advanced Energy Storage Technologies

Propulsion Technologies Active Suspension Technologies

Modeling and Simulation Autonomy

Collaboration Platforms

Mobility Powertrain

Survivability Fuels and Lubes

Architecture, Security, and Modularity External Systems

Testing and Evaluation Petroleum and Water Systems

Available to all DO

DCustom

ersAvailable to all Arm

yCustom

ers

For Interested Industry and Academic Partners, Contact NAMC at: www.defensemobility.orgFor Interested Government Agencies, Contact GVSC at: [email protected]

For Interested Industry and Academic Partners, Contact DATC at: http://datc.saeitc.org/For Interested Government Agencies, Contact GVSC at: [email protected]

GROUND VEHICLE AND AUTOMOTIVE Consortia OTA

Presenter
Presentation Notes
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Prototyping, Production, and Fielding

- Section 804 (FY2016 NDAA) – Middle Tier of Acquisition for Rapid Prototyping and Rapid Fielding- 10 USC 2371b(f) – Prototype to Production

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• Use innovative technology to rapidly develop fieldable prototypes to demonstrate new capabilities and meet emerging military needs.

• Must field a prototype that can be demonstrated in an operational environment; and

• Provide for residual operational capability within 5 years of an approved requirement

• Use proven technologies to field production quantities of new or upgraded systems with minimal development required. The objectives are:

• Begin production within 6 months• Complete fielding within 5 years of an approved

requirement

Section 804

Rapid Prototyping

10 U

SC 2

371b

Production OTA

• follow-on production contract or transaction, authorized where: (A) competitive procedures were used for the selection of parties for participation in the transaction; and (B) the participants in the transaction successfully completed the prototype project provided for in the transaction.

Not subject to JCIDS and DODD 5000.01

Rapid Fielding

Section 804

Program Management ToolsProcurement Tools

• For prototyping directly relevant to DOD mission • 1/3 Cost Share or significant NDC participation• Custom IP negotiated at arms length• No FAR/DFARS or DODGARS

Prototyping OTA

Prototyping, Production, and Fielding

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“At a minimum, potential follow-on activities, to include follow-on production shallbe identified in the solicitation and any resulting OT Agreements. The level offidelity for production follow-on efforts is naturally limited by the nature ofprototyping efforts. Therefore, the level of detail required as to follow-on activitiesneeds to be sufficient for prospective technology providers within the technologysector to make an informed decision whether to bid on the prototyping effort, withthe understanding that size, scope and value of potential follow-on activities mayvary.”

USD(A&S) OT Guide, p. 15 (2018)

Information For Government

The Government should provide sufficient information regarding follow-on activities to allow industry to make an informed bid/no-bid decision at the prototyping stage.

The Government should avoid requiring industry to provide fixed price production options prior to prototype development.

Information For Industry

Industry Should make bid/no-bid decision based upon prototype effort requirements and the Government’s notice of potential follow-on activities.

Industry should understand that identification of potential follow-on production is provided as notice only, and is subject to change.

Announcing Potential Sole-Source Follow-On Production Under The DOD Other Transaction Authority

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1. Fiscal Law applies to the expenditure of Federal Funds, regardless of procurement instrument;

2. The determination of appropriateness of available funding and fund type (Green Determination) is independent of the determination ofappropriateness of the award instrument (Blue Determination); and

3. The agency decision to use an OT does not expand, nor restrict available appropriations.

1.A – “The Problem”

Obsolescence of Spare Part for Major Weapon System

1.B – “The Requirement”

Reverse Engineering and Prototyping Effort to create replacement part and drawings

1.C - Green Determination

Current Year O&M is the Proper Fund Type for this Requirement

2.D – “Blue Determination”

Effort meets the requirements of a prototype OTA under 10 USC 2371b

2.B – “Prototype”“Reverse Engineering for Obsolescence” is defined as a “prototype for purposes of 10

USC 2371b

2.A – “Purpose”

Is the requirement to improve or enhance a DOD component?

2.C – “Participation”

1/3 cost-share or Significant NDC Participation?

Comptroller / Budget Analyst / Fiscal Law Attorney

General Rules for OTA Funding

In P

ract

ice

Step 1: “Green Determination”(Funds Identification and Certification)

Step 2: “Blue Determination”(OT Statutory Compliance)

(OTA Project / Operations & Maintenance Funding Example)

Agreements Officer

3.A – “Award”

Award the OTA project with the identified funding

Step 3: “Award”(Funding applied to OT)

“There is a common misperception that OTs are limited to RDTE funded efforts. This is simply not true. All fund types are available, provided that the acquisition team complies with both Fiscal Law and the requirements of the OT statute. The Green/Blue Determination is a valuable method to assure compliance.”

BREA

K

Funding OTAs

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To the maximum extent practicable, competitive procedures shall be used whenentering into agreements to carry out the prototype projects

10 U.S.C. 2304 and 41 U.S.C. 3301 require, with certain limited exceptions, thatcontracting officers shall promote and provide for full and open competition insoliciting offers and awarding Government contracts.

• 6 Exemptions (See 6.001 – Applicability)• 7 Exceptions (See 6.2 – Full and Open After Exclusion of Sources)• 7 Exceptions (See 6.3 – Other Than Full and Open Competition)

FAR Part 6

10 USC 2371b(b)(2)

Agencies are free to create their own process to solicit and assess potential solutionsprovided it is a fair and transparent process, provides for competitive procedures tobe used to the maximum extent practicable, and documents the rationale formaking the Government investment decision.

The evaluation of any set of solutions must be fair and transparent, and should beconducted in accordance with industry norms for the technology being solicited.

OUSD(A&S) OT GuideNOV 2018(Current)

PRACTICAL CONSIDERATIONS COMPETITION

Presenter
Presentation Notes
The authorizing statute does not provide a definition of the term prototype; the DPAP guidance provides a broad, general description. Activities should be cautious to not craft or adopt narrow definitions of “prototype projects” within their negotiated agreements issued under the OT authority. The lack of definition within the statute, and expansive DPAP guidance provides the opportunity to drive innovation through aggressive use of the OT authority in a vast array of areas. Activities should work with legal counsel to define potential prototype projects through reference to the DPAP guide rather than rely on preconceived notions of what a “prototype” is. Commonly, reference to the term prototype conjures images of hardware systems, which is not the understanding in analyzing the DPAP guidance.
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- OT Prototype Projects should take as long as they should take.

- Best Practice recommendation: Don’t set an “everything done in 30 days” metric.

- Set a project schedule based on the complexity and value of the effort; eliminate all steps that don’t add value; and sell out to support your team.

PRACTICAL CONSIDERATIONS - PALT

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Government Rejects Non-Responsive Proposals

Initial Evaluation

Clarifications

Competitive Range Determination

Full Evaluation

Discussions(Negotiation)

Final Proposal Revisions

Final Evaluation

Award

Vendor Develops and Submits Full Technical and Cost Proposal

Government Evaluates WPs and Down selects for Panel Pitch

Vendor prepares and Presents 45 minute Pitch

Government evaluates and makes

selections

Negotiation of Terms,

Scope, and Price

Award

Vendor Develops 3-5 Page White paper & ROM

Traditional FAR Part 15

Evaluation Process

OTAEvaluation Process

The Objective of the OTA Evaluation Process is to balance the effort required by industry with the effort required by the Government, and to

give early notice to vendors who don’t present the best solutions

60 Days

30 Days

15 Days

15 Days

30 Days

30 Days

30 Days

30 Days

60 Days

30 Days

60 Days

90 Days

30 Days

60 DaysSelection Notification

360 Days from Submission

Selection Notification

90 Days from Submission

PALT METRICS - Speed to Selection (S2S) - FAR vs. OTA

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Similar Offerings From Public Spend Forum

• Other Transaction Authority – Advanced – Become a subject matter expert on all things OTA. From Planning to Market Research, Publication, Solicitation, Negotiation, Award, and Administration. Available for Industry and Government Agencies.

• Acquisition Innovation Workshops – Multi-day acquisition strategy planning and execution session that puts Agency Acquisition teams to the test. Develop your acquisition strategy, and outline your procurement documents for approval during an aggressive time frame. The Acquisition Innovation workshop is meant to dramatically cut down on the planning and procurement development process for Federal Agencies. Bring your shot-callers, because we are making decisions and moving forward!

• Consulting - Looking for direct support for your Agency or company? PSF GovAIRS can provide expert consulting and advisory services, in partnership with leading firms, to diagnose complex supply chain and market issues, develop robust program acquisition strategies, or drive organizational changes.

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www.publicspendforum.net

Benjamin McMartinESQ | TEDx Speaker | CPCM | Fellow

Managing PartnerThe Public Spend [email protected](586) 201-0488


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