Attachment_H_-_Non-Disclosure_Agreement.docx

Attachment H: Non-Disclosure Agreement

DECLARATION OF INDEPENDENCE AND CONFLICT OF INTEREST STATEMENT

a) GENERAL PROVISION.

For proper performance of OIG business and to maintain the objectivity and independence of the Office, prior to the issuance of a task order, the Contracting Officer must determine that the Con tractor has no organizational conflict of interest in the particular proposed activity or site specific project, and is otherwise available in terms of projected work load capacity. Contractors shall certify that they are not aware of any organizational conflict of interest situations at the time the contract is awarded and agree not to enter into any contract that will create or appear to create a conflict of interest for the Inspector General.

For the purposes of this contract, the term "organizational conflict of interest" means a situation where a contractor has interest, either due to its activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable ( I ) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the contractor, or in securing the advantages of adequate competition in its procurement ; or (2) from industry's standpoint in that unfair competitive advantage may accrue to the contractor in question. The contractor staff will be required to review conflict of interest provisions in the GAO Yellow Book.

(b) REQUIREMENTS.

The Contractor must comply with the following requirements.

1.Sign a Declaration of Independence and Organizational Conflict of Interest Statement that no conflicts of interest exist for the Contractor, its affiliates, or subcontractor s that would preclude performance of the required services.

2.Notify and provide in writing to the OIG, a list of any contracts the contractor has had with any branch of the Federal government related to the scope of this project during the past 5 years, as well as those currently under contract, and the general scope of work performed for each.

3.Notify and provide in writing to the OIG a list of any potential new contracts or work involving either any branch of the Federal government or others in the field of PPPs that might pose a conflict of interest.

4. The OIG will evaluate the list of contracts in accordance with Generally Accepted Government Auditing Standards to determine if there are any real or apparent conflicts of interest that could impair the objectivity and independence of the work product. If it is determined that there is such a conflict of interest, the government will notify the contractor that the proposal will not be considered under this task order. I f there is a potential conflict of interest, the OIG may, in its sole discretion, seek to determine whether actions are available to alleviate or mitigate the potential conflicts of interest that allow the performance of the proposed order to be accomplished in an impartial and objective manner. In the event a conflict of interest is discovered after the award of this task order, the OIG may terminate the task order at no cost to the Government.

(c) PENALTIES.

If the Contractor fails to comply with the above requirement s, it may be considered a material breach of the contract subject to monetary penalty and termination for default or other legal action, such as debarment from future Federal contracts.

(d) CERTIFICATION.

I certify that I have read and fully understand the above information and what is required under the contract concerning organizational conflict of interest.

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