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FBO DAILY ISSUE OF MARCH 13, 2011 FBO #3396
MODIFICATION

59 -- DRAFT Organizational Conflict of Interest (OCI) clause, SOLICITATION W15P7T-11-R-C001 Global Tactical Advanced Communications Systems (GTACS) and Services

Notice Date

3/11/2011
 

Notice Type

Modification/Amendment
 

NAICS

334290 — Other Communications Equipment Manufacturing
 

Contracting Office

CECOM Contracting Center (CECOM-CC), ATTN: AMSEL-AC, Building 1208, Fort Monmouth, NJ 07703-5008
 

ZIP Code

07703-5008
 

Solicitation Number

W15P7T11RC001
 

Response Due

3/11/2011
 

Archive Date

5/10/2011
 

Point of Contact

David Hansen, (443) 861-4988
 

E-Mail Address

CECOM Contracting Center (CECOM-CC)
(david.e.hansen1@us.army.mil)
 

Small Business Set-Aside

Partial Small Business
 

Description

ATTACHED IS A DRAFT OF AN OCI CLAUSE SIMILAR TO WHAT WILL BE IN THE GLOBAL TACTICAL ADVANCED COMMUNICATIONS (GTACS) SOLICITATION, AND SIMILAR TO THE ORGANIZATIONAL CONFLICT OF INTEREST (OCI) CLAUSE THAT WILL APPEAR IN MOST SYSTEMS ENGINEERING AND TECHNICAL ASSISTANCE (SETA) SUPPORT CONTRACTS. BECAUSE OF THE BROAD SCOPE OF THE GTACS CONTRACT AND SITUATIONS WHERE POTENTIAL OFFERORS CURRENTLY PROVIDE SETA SUPPORT SERVICES TO THE GOVERNMENT, THERE IS THE POTENTIAL FOR CONFLICT(S) OF INTEREST TO DEVELOP SUCH AS DESCRIBED IN FAR 9.5. EACH OFFEROR SHOULD REVIEW FAR 9.5 AND CONSIDER CAREFULLY THE EXTENT WHICH SUCH AN OCI MAY ARISE BEFORE MAKING THE DECISION TO COMPETE FOR THE GTACS EFFORT. H-1 52.6001 ORGANIZATIONAL CONFLICT OF INTEREST / MARCH 2011 Specific fill-in information will be provided as appropriate on a Task Order basis. (a) Definition. Per FAR 2.101, an 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 persons objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. It does not include the normal flow of benefits from incumbency. (b) The Contracting Officer has determined that potentially significant organizational conflicts of interest may arise due to the nature of the work the Contractor will perform under this contract that may preclude the Contractor from being awarded future CECOM LCMC Acquisition Center contracts in a related area. Whereas the Contractor shall be ineligible to act as a prime contractor, consultant, or subcontractor to provide the equipment, items and services, it is agreed that the Contractor shall be ineligible to act as a prime contractor, consultant, or subcontractor to any prime contractor or subcontractor at any tier who is to supply the services, system or major components thereof for any project where the Contractor has provided or is providing support as described in FAR 9.5. (c) The Contracting Officer may make a determination to allow a Contractor to participate in an acquisition subject to the submission of an acceptable mitigation plan in accordance with paragraphs (1) and (2) below. This determination may not be appealed. (1) If the Contracting Officer requests, and the Contractor submits an organizational conflict of interest mitigation plan that, after Government review is acceptable to the Government, the Contractor's parent corporation, subsidiaries, or other physically separate profit and loss centers may not be precluded from acting as a subcontractor or consultant on future CECOM LCMC Acquisition Center contracts. The Government's determination regarding the adequacy of the mitigation plan or the possibility of mitigation are unilateral decisions made solely at the discretion of the Government and are not subject to the Disputes clause of the contract. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved mitigation plan. (2) Any mitigation plan shall include, at a minimum, non-disclosure agreements to be executed by the Contractor and the Contractors employees supporting the Government per paragraph (c) above. Items for consideration in a mitigation plan include the following: identification of the organizational conflict(s) of interest; reporting and tracking system; an organizational conflict of interest compliance/enforcement plan, to include employee training and sanctions, in the event of unauthorized disclosure of sensitive information; a plan for organizational segregation (e.g., separate reporting chains); and data security measures. (d) These restrictions outlined in paragraph (b) shall apply to - FILL IN --. This clause shall remain in effect for one year after completion of this contract. (e) The Contractor shall apply this clause to any subcontractors or consultants, who have access to information, participate in the development of data, or participate in any other activity related to this contract which is subject to terms of this clause at the prime contractor level, unless the Contractor includes an acceptable alternate subcontractor provision in its mitigation plan. For subcontractors or consultants under this contract, if an organizational conflict of interest mitigation plan is submitted and acceptable to the Government, the subcontractor's parent corporation, subsidiaries, or other physically separate profit and loss centers may not be precluded from acting as a prime, subcontractor, or consultant on future CECOM LCMC Acquisition Center contracts. (f) The Contractor's employees shall be trained and informed of Subpart 9.5 of the FAR and this contract provision, and shall execute a Contractor-Employee Personal Financial Interest/Protection of Sensitive Information Agreement as appropriate. (g) The Contactor agrees that it will use all reasonable diligence in protecting proprietary data received by it. The Contractor further agrees it will not willfully disclose proprietary data to unauthorized parties without the prior permission of the Government, and that proprietary data shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the contracted effort. This restriction does not limit the contractors right to use, duplicate or disclose such information if such information was lawfully obtained by the contractor from other sources. (h) The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The Contractor shall furnish to the Contracting Officer copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished. (i) The Contractor shall not distribute reports, data or information of any nature arising from its performance under this contract, except as provided by this contract or as may be directed by the Contracting Officer. (j) Government Representatives shall have access to the Contractors premises and the right to inspect all pertinent books and records in order to insure that the contractor is in compliance with FAR 9.5. (k) The Contractor agrees that if after award it discovers a potential organizational conflict of interest, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken or proposes to take, to avoid or mitigate such conflicts. (l) The Government may waive application of this clause when it is determined to be in the best interest of the Government to do so. All interested parties should continue to watch the Federal Business Opportunities Page (FEDBIZOPS) under the Solicitation # W15P7T-11-R-C001 for further information. Contracting Office: U.S. ARMY CONTRACTING COMMAND ABERDEEN PROVING GROUND (C4ISR) 6001Combat Drive, CCCE-CBC Aberdeen Proving Ground, MD. 21005-1846 Point(s) of Contact: Mr. David Hansen, Contract Specialist Phone: 443-861-4988 E-mail: david.e.hansen1@us.army.mil Mr. Stephen Jenniss, Contract Specialist Phone: 443-861-4989 E-mail: stephen.jenniss@us.army.mil Ms. Barbara Hansen, Contracting Officer/Group Chief Phone: 443-861-5061 E-mail: barbara.ann.hansen@us.army.mil
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/806db80a7899eeeb9940fe3820c59a7d)
 

Place of Performance

Address: Army Contracting Command - Aberdeen Proving Ground (C4ISR) 6001 Combat Drive, ATTN: CCCE-CBC Aberdeen Proving Gnd MD

Zip Code: 21005-1846
 

Record

SN02399524-W 20110313/110311234902-806db80a7899eeeb9940fe3820c59a7d (fbodaily.com)
 

Source

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

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