Proposer Instructions: General Terms and Conditions

The information contained on this page is considered incorporated into any published DARPA Broad Agency Announcement (BAA). Proposers must review each section thoroughly and follow the guidance therein. Guidance regarding BAAs provided herein also applies to Research Announcements (RAs) unless specifically designated otherwise.

Last updated: Jan. 25, 2024

System for Award Management (SAM) Registration and Universal Identifier Requirements

All proposers must be registered in SAM unless exempt per FAR 4.1102, FAR 52.204-7, “System for Award Management” and FAR 52.204-13, “System for Award Management Maintenance” are incorporated into this BAA. and have a valid Unique Entity ID to receive an award. All proposers must maintain an active and current SAM registration at all times throughout the award process, should they be selected. All proposers are to provide their Unique Entity ID in each proposal they submit. | Register in SAM 

International entities can register in SAM by following these instructions.

Content and Form of Application Submission

All submissions, including abstracts, if applicable to your Broad Agency Announcement and proposals must be written in English with type not smaller than 12-point font. Smaller font may be used for figures, tables, and charts. All documents submitted must be clearly labeled with the DARPA BAA number, proposer organization, and proposal title/proposal short title. All monetary references in the proposal shall be in U.S. Dollars.

Electronic Invoicing and Payments

Awardees will be required to submit invoices for payment electronically via Wide Area Work Flow (WAWF), accessed through the Procurement Integrated Enterprise Environment, unless an exception applies. Registration in WAWF is required prior to any award.

Electronic and Information Technology

All electronic and information technology acquired or created through a Broad Agency Announcement must satisfy the accessibility requirements of Section 508 of the Rehabilitation Act (29 U.S.C. § 749d) and FAR 39.2.

Patent Reports and Notifications

All resultant awards will contain a mandatory requirement for patent reports and notifications to be submitted electronically through i-Edison.

Review of Proposals

DARPA will conduct a scientific/technical review of each conforming proposal. Conforming proposals comply with all requirements detailed in this solicitation; proposals that fail to do so may be deemed non-conforming and may be removed from consideration. Proposals will not be evaluated against each other since they are not submitted in accordance with a common work statement. DARPA’s intent is to review proposals as soon as possible after they arrive; however, proposals may be reviewed periodically for administrative reasons.

Award(s) will be made to proposers whose proposals are determined to be the most advantageous to the Government, consistent with instructions and evaluation criteria specified in the BAA herein, and availability of funding.

Handling of Source Selection Information

DARPA policy is to treat all submissions as source selection information (see FAR 2.101 and 3.104), and to disclose their contents only for the purpose of evaluation. Restrictive notices notwithstanding, during the evaluation process, submissions may be handled by support contractors for administrative purposes and/or to assist with technical evaluation. All DARPA support contractors performing this role are expressly prohibited from performing DARPA-sponsored technical research and are bound by appropriate nondisclosure agreements. Subject to the restrictions set forth in FAR 37.203(d), input on technical aspects of the proposals may be solicited by DARPA from non-Government consultants/experts who are strictly bound by the appropriate non-disclosure requirements.

Award Information

DARPA anticipates multiple awards. The level of funding for individual awards made under this BAA will depend on the quality of the proposals received and the availability of funds. Awards will be made to proposers whose proposals are determined to be the most advantageous to the Government, all evaluation factors considered.

The Government reserves the right to:

• select for negotiation all, some, one, or none of the proposals received in response to this solicitation;
• make awards without discussions with proposers;
• conduct discussions with proposers if it is later determined to be necessary;
• segregate portions of resulting awards into pre-priced options;
• accept proposals in their entirety or select only portions of proposals for award;
• fund awards in increments with options for continued work at the end of one or more phases;
• request additional documentation once the award instrument has been determined (e.g., representations and certifications); and
• remove proposers from award consideration should the parties fail to reach agreement on award terms within a reasonable time or the proposer fails to provide requested additional information in a timely manner.

In all cases, the Government contracting officer shall have sole discretion to select award instrument type, regardless of instrument type proposed, and to negotiate all instrument terms and conditions with selectees. DARPA will apply publication or other restrictions, as necessary, if it determines that the research resulting from the proposed effort will present a high likelihood of disclosing performance characteristics of military systems or manufacturing technologies that are unique and critical to defense. Any award resulting from such a determination will include a requirement for DARPA permission before publishing any information or results on the program. For more information on publication restrictions, see the section below on Public Restrictions on Non-Fundamental Research.

Proprietary Information

Proposers are responsible for clearly identifying proprietary information. Submissions containing proprietary information must have the cover page and each page containing such information clearly marked with a label such as “Proprietary” or “Company Proprietary.” NOTE: “Confidential” is a classification marking used to control the dissemination of U.S. Government National Security Information as dictated in Executive Order 13526 and should not be used to identify proprietary business information.

Organizational Conflicts of Interest

Proposers shall identify and disclose all facts relevant to potential Organizational Conflicts of Interest (OCI), involving the proposer’s organization, and any proposed team member (subawardee, consultant) in accordance with Federal Acquisition Regulation (FAR 9.5). The proposer is responsible for providing this disclosure with each proposal submitted to the solicitation. The disclosure must include the proposer’s, and as applicable, proposed team member’s OCI mitigation plan. The OCI mitigation plan must include a description of the actions the proposer has taken, or intends to take, to prevent the existence of conflicting roles that might bias the proposer’s judgment and to prevent the proposer from having unfair competitive advantage. The OCI mitigation plan will specifically discuss the disclosed OCI in the context of each of the OCI limitations outlined in FAR 9.505-1 through FAR 9.505-4.

Agency Supplemental OCI Policy

In addition, DARPA has a supplemental OCI policy that prohibits contractors/performers from concurrently providing Scientific Engineering Technical Assistance (SETA), Advisory and Assistance Services (A&AS) or similar support services and being a technical performer. Therefore, as part of the FAR 9.5 disclosure requirement above, a proposer must affirm whether the proposer or any proposed team member (subawardee, consultant) is providing SETA, A&AS, or similar support to any DARPA office(s) under: (a) a current award or subaward; or (b) a past award or subaward that ended within one calendar year prior to the proposal’s submission date.

If SETA, A&AS, or similar support is being or was provided to any DARPA office(s), the proposal must include:

• The name of the DARPA office receiving the support;
• The prime contract number;
• Identification of proposed team member (subawardee, consultant) providing the support; and
• An OCI mitigation plan in accordance with FAR 9.5.

Government Procedures

In accordance with FAR 9.503, 9.504 and 9.506, the Government will evaluate OCI mitigation plans to avoid, neutralize or mitigate potential OCI issues before award and to determine whether it is in the Government’s interest to grant a waiver. If the Government determines to grant a waiver, it will be processed after careful review of the mitigation plan. The Government will only evaluate OCI mitigation plans for proposals that are determined selectable under the solicitation evaluation criteria and funding availability.

The Government may require proposers to provide additional information to assist the Government in evaluating the proposer’s OCI mitigation plan.

If the Government determines that a proposer failed to fully disclose an OCI; or failed to provide the affirmation of DARPA support as described above; or failed to reasonably provide additional information requested by the Government to assist in evaluating the proposer’s OCI mitigation plan, the Government may reject the proposal and withdraw it from consideration for award.

DARPA Embedded Entrepreneurship Initiative (EEI)

Awardees pursuant to this solicitation may be eligible to participate in the DARPA Embedded Entrepreneurship Initiative (EEI) during the award’s period of performance. EEI is a limited scope program offered by DARPA, at DARPA’s discretion, to a small subset of awardees. The goal of DARPA’s EEI is to increase the likelihood that DARPA-funded technologies take root in the U.S. and provide new capabilities for national defense. EEI supports DARPA’s mission “to make pivotal investments in breakthrough technologies and capabilities for national security” by accelerating the transition of innovations out of the lab and into new capabilities for the Department of Defense (DoD). EEI investment supports development of a robust and deliberate Go-to-Market strategy for selling technology product to the government and commercial markets and positions DARPA awardees to attract U.S. investment. 

The following is for informational and planning purposes only and does not constitute solicitation of proposals to the EEI. There are three elements to DARPA’s EEI: 

1. A Senior Commercialization Advisor (SCA) from DARPA who works with the Program Manager (PM) to examine the business case for the awardee’s technology and uses commercial methodologies to identify steps toward achieving a successful transition of technology to the government and commercial markets; 
2. Connections to potential industry and investor partners via EEI’s Investor Working Groups; 
3. Additional funding on an awardee’s contract for the awardee to hire an embedded entrepreneur to achieve specific milestones in a Go-to-Market strategy for transitioning the technology to products that serve both defense and commercial markets. 

This embedded entrepreneur’s qualifications should include business experience within the target industries of interest, experience in commercializing early stage technology, and the ability to communicate and interact with technical and non-technical stakeholders. Funding for EEI is typically no more than $250,000 per awardee over the duration of the award. An awardee may apportion EEI funding to hire more than one embedded entrepreneur, if achieving the milestones requires different expertise that can be obtained without exceeding the awardee’s total EEI funding. The EEI effort is intended to be conducted concurrent with the research program without extending the period of performance.

EEI Application Process:

After receiving an award under the solicitation, awardees interested in being considered for EEI should notify their DARPA Program Manager (PM) during the period of performance. Timing of such notification should ideally allow sufficient time for DARPA and the awardee to review the awardee’s initial transition plan, identify milestones to achieve under EEI, modify the award, and conduct the work required to achieve such milestones within the original award period of performance. 

These steps may take 18-24 months to complete, depending on the technology. If the DARPA PM determines that EEI could be of benefit to transition the technology to product(s) the Government needs, the PM will refer the performer to DARPA Commercial Strategy. DARPA Commercial Strategy will then contact the performer, assess fitness for EEI, and in consultation with the DARPA technical office, determine whether to invite the performer to participate in the EEI. Factors that are considered in determining fitness for EEI include DoD/Government need for the technology; competitive approaches to enable a similar capability or product; risks and impact of the Government’s being unable to access the technology from a sustainable source; Government and commercial markets for the technology; cost and affordability; manufacturability and scalability; supply chain requirements and barriers; regulatory requirements and timelines; Intellectual Property and Government Use Rights, and available funding. Invitation to participate in EEI is at the sole discretion of DARPA and subject to program balance and the availability of funding. EEI participants’ awards may be subsequently modified to amend the Statement of Work to add negotiated EEI tasks, provide funding, and specify a milestone schedule which will include measurable steps necessary to build, refine, and execute a Go-to-Market technology transition plan aimed at delivering new capabilities for national defense. | EEI Contact

Awardees under this solicitation are eligible to be considered for participation in EEI, but selection for award under this solicitation does not imply or guarantee participation in EEI.

Controlled Unclassified Information (CUI) on Non-DoD Information Systems

Certain types of unclassified information require application of access and distribution controls and protective measures for a variety of reasons. This information is referred to collectively as Controlled Unclassified Information (CUI). DoD CUI is based on law, regulation, or government-wide policy. | DoD CUI Categories 

For further information, consult DoDI 5200.48, “Controlled Unclassified Information.”

All non-DoD entities doing business with DARPA are expected to adhere to the following procedural safeguards, in addition to any other relevant federal or DoD specific procedures, for submission of any proposals to DARPA and any potential business with DARPA:

• Do not process DARPA CUI on publicly available computers or post DARPA CUI to publicly available webpages or websites that have access limited only by domain or Internet protocol restriction.
• Ensure that all DARPA CUI is protected by a physical or electronic barrier when not under direct individual control of an authorized user and limit the transfer or DARPA CUI to subcontractors or teaming partners with a need to know and commitment to this level of protection.
• Ensure that all DARPA CUI is only processed on information technology systems meeting NIST SP 800-171 or DoDI 8582.01 requirements.
• Ensure that DARPA CUI on mobile computing devices is identified and encrypted and all communications on mobile devices or through wireless connections are protected and encrypted.
• All wireless telephone transmission of CUI will be avoided when there are other options available.
• Sanitize or destroy media containing CUI before disposal or release for reuse in accordance with NIST SP 800-88.

Proposers with questions regarding CUI should contact the DARPA Security and Intelligence Directorate at (703) 526-1581.

Publication Restrictions on Non-Fundamental Research

National Security Decision Directive (NSDD) 189 to National Policy on the Transfer of Scientific, Technical, and Engineering Information defines fundamental research as follows:

“Fundamental research” means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.

The following clause or similar language will be included in all awards where the resultant research will not be considered fundamental research and there will be restrictions on publication:

There shall be no dissemination or publication, except within and between the contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval of DARPA’s Public Release Center (DARPA/PRC). All technical reports will be given proper review by appropriate authority to determine which distribution statement is to be applied prior to the initial distribution of these reports by the contractor. With regard to subcontractor proposals for fundamental research, papers resulting from unclassified fundamental research are exempt from prepublication controls and this review requirement, pursuant to DoD Instruction 5230.27 dated November 18, 2016, as amended.

When submitting material for written approval for open publication, the contractor/awardee must submit a request for public release to the DARPA/PRC and include the following information: (1) Document Information: document title, document author, short plain-language description of technology discussed in the material (approx. 30 words), number of pages (or minutes of video), and document type (e.g., briefing, report, abstract, article, or paper); (2) Event Information: event type (conference, principal investigator meeting, article, or paper), event date, desired date for DARPA's approval; (3) DARPA Sponsor: DARPA program manager, DARPA office, and contract number; and (4) Contractor/Awardee's Information: POC name, e-mail, and phone. Allow three weeks for processing. Due dates under three weeks require a justification. Unusual electronic file formats may require additional processing time. Requests may be sent either via email to public_release_center@darpa.mil or by mail to 675 North Randolph Street, Arlington VA 22203-2114, telephone (571) 218-4235. | Public Release process

Agency Level Protests & Ombudsman Information

For information concerning agency level protests, please contact CMO_Protests@darpa.mil. Please ensure to copy the mailbox address referenced in the solicitation related to the effort you are inquiring about.

For any Agency Ombudsman related inquiries, please reach out to DARPA_Ombudsman@darpa.mil.

Unclassified Submission Instructions 

Proposers must submit all parts of their submission package using the same method; submissions cannot be sent in part by one method and in part by another method nor should duplicate submissions be sent by multiple methods. 

Email submissions will not be accepted. 

Failure to comply with the submission procedures outlined herein may result in the submission being deemed non-conforming and withdrawn from consideration.

DARPA encourages proposers to submit UNCLASSIFIED proposals via DARPA’s Broad Agency Announcement Tool (BAAT) for requesting a procurement contract and other transaction. Note: If an account has recently been created for the DARPA Broad Agency Announcement Tool (BAAT), this account may be reused. Accounts are typically disabled and eventually deleted following 75-90 days of inactivity – if you are unsure when the account was last used, it is recommended that you create a new account. If no account currently exists for the DARPA Broad Agency Announcement Tool (BAAT), visit the website to complete the two-step registration process. Submitters will need to register for an Extranet account (by clicking “Create New Account” at the URL listed above) and wait for two separate e-mails containing a username and temporary password. After accessing the Extranet, submitters may then create an account for the DARPA Broad Agency Announcement Tool (BAAT) (via the “Register your Organization” link along the left side of the homepage), view submission instructions, and upload/finalize the proposal. Note: Even if a submitter’s organization has an existing registration, each user submitting a proposal must create their own Organization Registration.

All unclassified proposals submitted electronically through DARPA’s Broad Agency Announcement Tool (BAAT) must be uploaded as zip archives (i.e., files with a .zip or .zipx extension). The final zip archive should be no greater than 100 MB in size. Only one zip archive will be accepted per submission - subsequent uploads for the same submission will overwrite previous uploads, and submissions not uploaded as zip archives will be rejected by DARPA.

Proposers using the DARPA Broad Agency Announcement Tool (BAAT) may encounter heavy traffic on the submission deadline date; proposers should start this process as early as possible. Technical support for the DARPA BAA Submission website is available during regular business hours, Monday – Friday, 9:00 a.m. – 5:00 p.m. Eastern Time. Requests for technical support must be emailed to BAAT_Support@darpa.mil with a copy to the BAA email address identified in your BAA. Questions regarding submission contents, format, deadlines, etc. should be emailed to the BAA email address identified in your BAA. Questions/requests for support sent to any other email address may result in delayed/no response.

Cost Proposal Spreadsheet Instructions

The Government recommends proposers use the provided MS Excel; DARPA Standard Cost Proposal Spreadsheet in the development of their cost proposals. A customized cost proposal spreadsheet may be an attachment to the solicitation. If not, the spreadsheet can be found above in Resources. All tabs and tables in the cost proposal spreadsheet should be developed in an editable format with calculation formulas intact to allow traceability of the cost proposal. This cost proposal spreadsheet should be used by the prime organization and all subcontractors. In addition to using the cost proposal spreadsheet, the cost proposal still must include all other items required in this announcement that are not covered by the editable spreadsheet. Subcontractor cost proposal spreadsheets may be submitted directly to the Government by the proposed subcontractor via e-mail to the address in BAA.

Special Eligibility Considerations for Federally Funded Research and Development Centers (FFRDCs) and Government Entities

FFRDCs

FFRDCs are subject to applicable direct competition limitations and cannot propose to this solicitation in any capacity unless they meet the following conditions. (1) FFRDCs must clearly demonstrate that the proposed work is not otherwise available from the private sector. (2) FFRDCs must provide a letter, on official letterhead from their sponsoring organization, that (a) cites the specific authority establishing their eligibility to propose to Government solicitations and compete with industry, and (b) certifies the FFRDC’s compliance with the associated FFRDC sponsor agreement’s terms and conditions. These conditions are a requirement for FFRDCs proposing to be awardees or subawardees.

Government Entities

Government Entities (e.g., Government/National laboratories, military educational institutions, etc.) are subject to applicable direct competition limitations. Government Entities must clearly demonstrate that the work is not otherwise available from the private sector and provide written documentation citing the specific statutory authority and contractual authority, if relevant, establishing their ability to propose to Government solicitations and compete with industry. This information is required for Government Entities proposing to be awardees or subawardees.

Authority and Eligibility

At the present time, DARPA does not consider 15 U.S.C. § 3710a to be sufficient legal authority to show eligibility. While 10 U.S.C.§ 4892 may be the appropriate statutory starting point for some entities, specific supporting regulatory guidance, together with evidence of agency approval, will still be required to fully establish eligibility. DARPA will consider FFRDC and Government Entity eligibility submissions on a case-by-case basis; however, the burden to prove eligibility for all team members rests solely with the proposer.

Subawardee Proposals

The awardee is responsible for compiling and providing all subawardee proposals for the Procuring Contracting Officer (PCO)/Grants Officer (GO)/Agreements Officer (AO), as applicable. Subawardee proposals should include Interdivisional Work Transfer Agreements (ITWA) or similar arrangements. Where the effort consists of multiple portions which could reasonable be partitioned for purposes of funding, these should be identified as options with separate cost estimates for each. All proprietary subawardee proposal documentation, prepared at the same level of detail as that required of the awardee’s proposal and which cannot be uploaded with the proposed awardee’s proposal, shall be provided to the Government either by the awardee or by the subawardee organization when the proposal is submitted.