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FBO DAILY ISSUE OF DECEMBER 04, 2008 FBO #2565
DOCUMENT

R -- Establishment of a Federally Funded Research and Development Center in the Department of Homeland Security, Science and Technology Directorate - Amendment 2

Notice Date

12/2/2008
 

Notice Type

Amendment 2
 

NAICS

541690 — Other Scientific and Technical Consulting Services
 

Contracting Office

Office of the Chief Procurement Officer, Washington, District of Columbia, 20528, United States
 

ZIP Code

20528
 

Solicitation Number

HSHQDC-09-R-00011
 

Response Due

12/9/2008
 

Archive Date

12/24/2008
 

Point of Contact

Wanda E. Moorman,, , Alina Livengood,,
 

E-Mail Address

wanda.moorman@dhs.gov, alina.livengood@hq.dhs.gov
 

Small Business Set-Aside

N/A
 

Description

Solicitation No. HSHQDC-09-R-00011 and this Amendment No. 000002 is issued by: U.S. Department of Homeland Security Office of Procurement Operations 245 Murray Lane, SW Washington, DC 20528 This Amendment is issued to make the following changes to Solicitation No. HSHQDC-09-R-00011: Section H.6 is deleted in its entirety and replaced with the following Section H.6: H.6 Organizational Conflicts of Interest and Confidentiality - (Contract Clause) (a) Purpose. The purpose of this clause is to ensure that the contractor (1) is not biased because of its financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (1) Use of Contractor's Work Product. (i) The contractor shall be ineligible to participate in any capacity in Department of Homeland Security and component contracts, subcontracts, or proposals therefor (solicited and unsolicited) which stem directly from the contractor's performance of work under this contract for a period of two years after the completion of this contract. Furthermore, unless so directed in writing by the contracting officer, the Contractor shall not perform any systems engineering or development work under this contract on any of its products or services or the products or services of another firm if the contractor is or has been substantially involved in their development or marketing. Nothing in this subparagraph shall preclude the contractor from competing for a recompetition of this contract. (ii) If, under this contract, the contractor prepares a complete or essentially complete statement of work or specifications to be used in competitive acquisitions, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the contracting officer, in which case the restriction in this subparagraph shall not apply. (iii) Nothing in this paragraph shall preclude the contractor from offering or selling its standard and commercial items to the Government. (2) Access to and use of information. (i) If the contractor, in the performance of this contract, obtains access to information, such as Department plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or data which has not been released or otherwise made available to the public, the contractor agrees that without prior written approval of the contracting officer it shall not: (A) use such information for any private purpose unless the information has been released or otherwise made available to the public; (B) compete for work for the Department based on such information for a period of six (6) months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever is first; (C) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or otherwise made available to the public; and (D) release such information unless such information has previously been released or otherwise made available to the public by the Department. (ii) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or other confidential or privileged technical, business, or financial information of third parties under this contract, it shall treat such information in accordance with any restrictions imposed on such information. (c) Disclosure after award. (1) The contractor agrees that, if changes, including additions, to the facts disclosed by it prior to award of this contract, occur during the performance of this contract, it shall make an immediate and full disclosure of such changes in writing to the contracting officer. (2) In addition, the contractor shall provide the contracting officer any disclosure of interests of itself or its affiliates that create a real or potential organizational conflicts related to the performance of individual task orders. (3) The disclosure may include a description of any action which the contractor has taken or proposes to take to avoid, neutralize, or mitigate any resulting conflict of interest. The Department may, however, terminate the contract or individual task order for convenience if it deems such termination to be in the best interest of the Government. (4) In the event that the contractor was aware of facts required to be disclosed or the existence of an actual or potential organizational conflict of interest and did not disclose such facts or such conflict of interest to the contracting officer, DHS may terminate this contract for default. (d) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this contract, including the existence of an actual or potential organizational conflict of interest at the time of or after award, the Government may terminate the contract for default, disqualify the contractor from subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. (e) Waiver. Requests for waiver under this clause shall be directed in writing to the contracting officer and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the contracting officer may grant such a waiver in writing. (f) Subcontracts. (1) The contractor shall include a clause, substantially similar to this clause, including this paragraph (f), in subcontracts expected to exceed the simplified acquisition threshold determined in accordance with FAR part 13 and involving the performance of advisory and assistance services as that term is defined at FAR 37.201. The terms “contract,” “contractor,” and “contracting officer” shall be appropriately modified to preserve the Government's rights. (2) Prior to the award under this contract of any such subcontracts for advisory and assistance services, in fulfilling its obligations under this contract, the contractor shall obtain from the proposed subcontractor or consultant the disclosure of facts relevant to the performance of the proposed subcontract and shall determine in writing whether the interests disclosed present an actual or significant potential for an organizational conflict of interest. Where an actual or significant potential organizational conflict of interest is identified, the contractor shall take actions to avoid, neutralize, or mitigate the organizational conflict to the satisfaction of the contractor. If the conflict cannot be avoided or neutralized, the contractor must obtain the approval of the DHS contracting officer prior to entering into the subcontract. (End of clause) Section L.14 is added as follows: L.14 Organizational Conflicts of Interest Disclosure - (Solicitation Provision) (a) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. (b) An offeror shall provide the statement described in paragraph (c) of this provision. (c) The statement must contain the following: (1)(i) A statement of any past (within the past twelve months), present, or currently planned work for DHS or any of its components in which it is supplying services for the design of hardware or information technology systems, supplying systems engineering services, is supplying support services providing access to procurement planning information, or has any other interest that could create the potential of an organizational conflict of interest if awarded this contract. (ii) Such statement must include the name, address, telephone number of the client or client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the offeror who is knowledgeable about the services rendered to each client, if, in the 12 months preceding the date of the statement, services were rendered to DHS or any other client (including a foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter. The agency and contract number under which the services were rendered must also be included, if applicable. For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and any other interests enough such information must be provided to allow a meaningful evaluation of the potential effect of the interest on the performance of the statement of work. (2) The offeror may provide a proposed method to avoid, neutralize, or mitigate any potential for organizational conflict with its proposal. (3) A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the services to be provided in connection with the instant contract or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the contract in question has been communicated as part of the statement required by (b) of this provision. (d) Failure of the offeror to provide the required statement may result in the offeror being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided for by law or regulation. (End of provision) The original Attachment J.1, Sponsoring Agreement, is deleted in its entirety and replaced with the attached revised Attachment J.1, Sponsoring Agreement. The following changes are made to the Table of Contents, Section H - Special Contracting Requirements, page ii: H.11 - Conflict of Interest - Page 36 H.12 - Reporting, Waste, Fraud, Abuse and Theft - Page 36 H.13 - Interface with Participating Associate Contractors (PAC)- Page 36 H.14 - Freedom of Information Act (FOIA) and Privacy Act (PA)- Page 36 H.15 - Handling of Data - Page 36 H.16 - Key Personnel or Facilities (HSAR 3052.215-70)(DEC 2003) - Page 38 H.17 - Strikes or Picketing Affecting Access to a DHS Facility (HSAR 3052.222-71) DEC 2003)- Page 38 H.18 - DCAA - Page 38 Table of Contents, Page iv, Attachment J.13 Title is Corrected to: DHS Certification and Accreditation Guide All other terms and conditions remain unchanged.
 

Web Link

FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=928fa811a2b7deec4052edd8dd31f9b5&tab=core&_cview=1)
 

Document(s)

Amendment 2
 

File Name: Amendment No. 000002 (HSHQDC-09-R-00011 (Amendment 000002).pdf)

Link: https://www.fbo.gov//utils/view?id=5a5d8b4ab4456dda82d2ac60320b6bf4

Bytes: 791.73 Kb
 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Place of Performance

Address: Washington, DC, Washinggton, District of Columbia, 20528, United States

Zip Code: 20528
 

Record

SN01712441-W 20081204/081202215656-928fa811a2b7deec4052edd8dd31f9b5 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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