07 - Atch 5 OCI Mitigation Plan Template 2 Feb 22.pdf

Attachment 5

FA248722RA002

OCI Mitigation Plan Template

TETRAS II OCI MITIGATION PLAN TEMPLATE

The following OCI Mitigation Plan Outline includes the contents that shall be provided in submission of OCI mitigation plans

1. Administrative Section

i. Overview of Corporate OCI program

ii. Discussion OCI Training (initial and recurring)

iii. Discussion of Employee Transfer Rules

iv. Discussion of Information Transfer Rules

v. Discussion of OCI Enforcement

1) In providing support to the Government and its customers under this contract, the contractor's objectivity and judgment are not biased because of its present, or future, financial, contractual, organizational, or other interests;

2) The contractor does not obtain an unfair competitive advantage by virtue of its access to non-public Government information regarding the Government's program plans and resources;

3) The contractor does not obtain any unfair competitive advantage by virtue of its access to proprietary or competition sensitive information belonging to others;

4) Contractor’s assurance no bias or unfair competitive advantage exists while aggressively addressing any perception issue that may arise;

5) The contract complies with Section 207 of the Weapon Systems Acquisition Reform Act of 2009, Pub. L. No. 111-23 (May 22, 2009);

6) The contractor complies with FAR 9.505-4, Obtaining Access to Proprietary Information;

7) The contractor provides a formal review process for potential OCI and formal policies and training to ensure employees are educated; and

8) The contractor provides reporting procedures to notify the Government of potential OCI.

2. Any administrative or legal agreements, decisions or findings related to OCI within last 3 years

3. OCI Mitigation Section

i. Organizational Chart

ii. Identify specific OCI area(s) for which mitigation is proposed considering the following areas of concern associated with OCI: Biased Ground Rules(see FAR 9.505-1; FAR 9.505-2) , Impaired Objectivity (see FAR 9.505-3), Unequal Access to Information (see FAR 9.505-4);

Source Selection Information (see FAR 2.101 definition), 3rd Party Contractor Proprietary Information (see 41 USC 423 and FAR 3.104), Government Information (e.g., Controlled Unclassified Information (CUI): plans, policies, reports, studies, financial plans), Systems contracts/programs and A&AS contracts/Program Office support

iii. Identify Contracts/Programs

1) Identify Program location

2) Briefly explain reporting chain

3) Briefly explain/describe each contract

iv. Analysis of Proposed Mitigation and Action Plan to include:

1) Isolate work in completely separate organizational business units

2) Geographic and physical separation

Attachment 5

FA248722RA002

OCI Mitigation Plan Template

3) Independent management and reporting chains

4) Prohibition against transfer of personnel

5) Prohibition against transfer of information

6) Other unique mitigation, if applicable

v. Subcontractor Tab(s) (as applicable)

1) Organization Chart

2) Subcontractor agreement adopting Prime Contractor Administration Section

3) Identification and explanation of any deviations from Prime Contractor’s OCI

vi. Mitigation Plan

1) Identify the Potential OCIs (same format as above)

2) List Contracts/Programs (same format as above)

3) Mitigation Analysis (same format as above)

vii. OCI Certification(s) as applicable

viii. Non-Disclosure Agreement(s) as applicable

ix. Associate Contractor Agreements as applicable