Proposer Instructions: Procurement contracts

The information contained on this page is considered incorporated into any published DARPA Broad Agency Announcement. Proposers should review each section thoroughly and follow the guidance therein.

Last updated: Jan. 25, 2024

Solicitation Provisions and Award Clauses Terms and Conditions

Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses can be found at Potential FAR-Based Procurement Contract Clauses and Provisions.

Intellectual Property

Complete the certifications at DFARS 252.227-7017. If no restrictions are intended, the proposer should state “none.” The table below captures the requested information:

The prime proposer is responsible for compiling all data rights assertions, including those of any subcontractors.

Certificate of Current Cost or Pricing Data Instructions

Per FAR 15.403-4, certified cost or pricing data shall be required if the proposer is seeking a procurement contract award per the referenced threshold, unless the proposer requests and is granted an exception from the requirement to submit cost or pricing data. DARPA does not consider adequate price competition to exist under BAAs.

Approved Cost Accounting System Documentation

Proposers that do not have a compliant cost accounting system that has been reviewed/approved by DCAA and considered adequate for determining accurate costs that are negotiating a cost-type procurement contract must complete an SF 1408. | Cost accounting system review process

 To facilitate this process, proposers should complete the SF 1408 and submit the completed form with the proposal.

Small Business Subcontracting Plan

Pursuant to Section 8(d) of the Small Business Act (15 U.S.C. § 637(d)) and FAR 19.702(a)(1), each applicable proposer who submits a contract proposal will be required to submit a subcontracting plan or a justification of no subcontracting possibilities. The plan format is outlined in FAR 19.704.

Procurement Contracts Representation and Certifications

Reps and Certs Procurement Contracts Template 

In accordance with FAR 4.1102 and 4.1201, proposers requesting a procurement contract must complete electronic annual representations and certifications at www.sam.gov.

In addition, all proposers are required to submit for all award instrument types supplementary DARPA-specific representations and certifications at the time of proposal submission. See Reps and Certs for further information on required representation and certification depending on your requested award instrument.

If a small business joint venture:

A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212- 3(b) for the following categories: (A) Small business; (B) Service-disabled veteran-owned small business; (C) Women-owned small business (WOSB) under the WOSB Program; (D) Economically disadvantaged women-owned small business under the WOSB Program; or (E) Historically underutilized business zone small business.

Responsibility/Qualification Information

Per 41 U.S.C. 2313, as implemented by FAR 9.103, prior to making an award above the simplified acquisition threshold, DARPA is required to review and consider any information available through the designated integrity and performance system (currently sam.gov). Awardees have the opportunity to comment on any information about themselves entered in the database, and DARPA will consider any comments, along with other information in sam.gov or other systems prior to making an award.

Responsibility/qualification information, also sometimes referred to as an integrity record, was available in the legacy system FAPIIS.gov, or Federal Awardee Performance and Integrity Information System. Now, you can view responsibility/qualification information alongside other entity information available on SAM.gov.

Safeguarding Covered Defense Information

The following provisions and clause apply to all solicitations and contracts; however, the definition of “controlled technical information” clearly exempts work considered fundamental research and therefore, even though included in the contract, will not apply if the work is fundamental research. DFARS 252.204-7000, “Disclosure of Information” DFARS 252.204-7008, “Compliance with Safeguarding Covered Defense Information Controls” DFARS 252.204-7012, “Safeguarding Covered Defense Information and Cyber Incident Reporting” Compliance with the above requirements includes the mandate for proposers to implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “ Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" and DoDI 8582.01 that are in effect at the time the solicitation is issued. For awards where the work is considered fundamental research, the contractor will not have to implement the aforementioned requirements and safeguards. However, should the nature of the work change during performance of the award, work not considered fundamental research will be subject to these requirements.