All competition for contract awards are full and open to any eligible entity. An eligible entity is defined in Section 999 of the Energy Policy Act (EPAct 2005). To receive an award, an entity must either be a United States-owned entity organized under the laws of the United States; or an entity organized under the laws of the United States that has a parent entity organized under the laws of a country that affords-
1. to United States-owned entities opportunities comparable to those afforded to any other entity, to participate in any cooperative research venture similar to those authorized under this subtitle;
2. to United States-owned entities local investment opportunities comparable to those afforded to any other entity; and
3. adequate and effective protection for the intellectual property rights of United States-owned entities.
The Prime Subcontractor of a research award can subcontract portions of the work to foreign entities as long as the program's overriding mission to maximize the value of natural gas and other petroleum resources of the United States is potentially furthered by each project. Mandatory Federal Acquisition Regulation (FAR) contract clauses must "flow down" at every subcontract level.
RPSEA will be awarding Cost Reimbursable contracts.
Research opportunities are announced as Requests for Proposals (RFP’s). RFP’s will be posted on RPSEA’s public website at http://rpsea.org/rfps. Once posted, offerors will have 60 days to respond to the RFP’s to be considered for an award.
FAR stands for the Federal Acquisition Regulations. Selected FAR clauses are incorporated into any contract that receives federal funds. RPSEA’s prime contract with the government for administration of research and development awards specifies which FAR clauses must be included in our subcontracts. These clauses are included in Schedule B Part I and Schedule B Part II of the Sample Subcontracts. Detailed description of each far clause can be found at http://www.arnet.gov/far.
A DUNS number is a reference number assigned by Dun and Bradstreet. The DUNS number will be used by RPSEA to validate the business credibility of potential research awardees. If you do not already have a DUNS number, one can be obtained from Dun and Bradstreet at http://www.dnb.com/US/duns_update/.
CAS are promulgated by the Cost Accounting Standards Board (CASB), which is a board established by Congress. CAS are designed to achieve uniformity and consistency in the measurement, assignment, and allocation of costs to Government contracts. The standards are based on examinations of common cost accounting practices throughout industry. The fundamental purpose of CAS is to ensure fair and equitable accounting for the expenditure of federal dollars. The CAS are codified in the Code of Federal Regulations in 48CFR Chapter 99.
Depending on the size and type of contract and whether or not your company has any other government funded contracts, CAS may or may not apply. Within the context of RPSEA’s anticipated research awards, the follow guidelines apply. However, please note that if you choose to bid on a research award, it is the responsibility of your company to make a final determination on CAS applicability. Please refer to 48CFR, Chapter 99 for the definitive answer to this question.
Your company may be exempt from CAS applicability if any one of the following situations exists:
The research award/contract is for a negotiated contract less than $650,000.
The research award/contract is for less than $7.5M if your company is not currently performing a CAS covered contract for more than $7.5M.
Your company is a small business.
Cost share is a requirement of any research and development award made by RPSEA and is required by the Energy Policy Act of 2005 and RPSEA’s prime contract with DOE. Federal policy requires cost share when federal dollars support performer research, development, and/or demonstration efforts, where the principal purpose is ultimate commercialization and utilization of the technologies by the private sector, and when there are reasonable expectations that the performer will receive present or future economic benefits beyond the instant contract as a result of performance of the effort.
For RPSEA sponsored research and development activities, cost share varies from 50% for demonstration projects, 20% for R and D projects, and 0% for basic or fundamental research. In addition, cost share may be reduced or eliminated for independent producers if the reduction is necessary and appropriate considering the technological risks involved in the project.
Cash and third party in-kind contributions can count as cost share as long as the following criteria are met (please refer to OMB Circular A-110 for additional information:
Are verifiable from the recipient's records.
Are not included as contributions for any other federally-assisted project or program.
Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
Are allowable under the applicable cost principles.
Are not paid by the Federal Government under another award, except where authorized by Federal statute to be used for cost sharing or matching.
Conform to other provisions of OMB Circular A-110, as applicable.
In-kind cost share contributions are the fair market value of labor, rental equipment, depreciated cost of equipment and facilities, etc. Please refer to OMB Circular A-110 for details to ensure that your proposed in-kind cost share is properly identified and valued.
Intellectual Property is broadly defined and therefore its meaning can be broadly interpreted. The term is often used to refer generically to property rights created through intellectual and/or discovery efforts of a creator that are generally protectable under patent, trademark, copyright, trade secret, trade dress or other law. It can also mean any design rights, confidential information, trade or business names, database rights, know how, technology and other intellectual property rights whether registered or not.
To protect IP on or during a RPSEA subcontract, the subcontractor will need to follow the guidelines and specific reporting requirements contained in FAR 52.227-14 – Rights In Data and the associated Department of Energy Acquisition Regulation (DEAR) supplement DEAR 952.227-13 - Patent Rights.
The SIC Codes are published in Part 19 of the Federal Acquisition Regulation (FAR). http://acquisition.gov/far/
Your entity (and potentially subcontractors) would perform the work under the contract, and you would monthly detail your actual incurred costs (per CAS) in performing the work, for your invoice to RPSEA. Your invoice would detail the full (100%) incurred costs, but your remittance request from RPSEA would be for that full amount less the (typically 20%) cost share component, the funding of which remains your responsibility. Upon review and acceptance of your invoice, RPSEA would remit that cost-share-adjusted amount.
It is RPSEA’s intent for developers to retain all IP, subject to all applicable provisions of Federal law.
It is not anticipated that basic research projects will fall within the scope of this RFP. Demonstration projects involve the demonstration of existing technology, absent a significant development component.