Limitation of Future Contracting - EASSS 3 Clause (20 Nov 19).pdf
PDF 13 KB Posted
- Solicitation number
- 80LARC20C00XX
About this file
This sources sought notice requests capability statements for the NASA Langley Research Center's follow-on Evaluations, Assessments, Studies, Services, and Support 3 (EASSS 3) contract. The incumbent EASSS 2 contract supports the Science Office for Mission Assessments conducting evaluations, assessments, studies, logistics, and information services for NASA and other government agencies. The follow-on EASSS 3 will be a cost-plus-fixed-fee indefinite-delivery/indefinite-quantity contract with an estimated five-year period of performance beginning in July/August 2020. Interested parties must submit an eight-page capability statement by November 18, 2019 detailing their experience, facility clearance, and ability to perform evaluations, assessments, and studies; provide logistics and information support; and address potential conflicts of interest and limitations on future contracting. NASA intends to award the follow-on EASSS 3 contract to support continued evaluation, assessment, study, and information requirements for the Science Mission Directorate.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
H.3 LIMITATION OF FUTURE CONTRACTING (NFS 1852.209-71) (DEC 1988)
(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5 - Organizational and Consultant Conflicts of Interest.
(b) The nature of this conflict is that, during the performance of this contract, the Contractor will unavoidably encounter Conflicts of Interest in the form of conflicting roles that have the potential to bias the Contractor's judgment, such as:
(1) the evaluation or assessment of the work product of the Contractor or of the Contractor’s competitors,
(2) performance of a proposal evaluation, assessment, or study the results of which could potentially impact the Contractor’s interests,
(3) access to proprietary information or data of other Contractors and/or Government sensitive, nonpublic information or data, which information or data may provide the Contractor with an unfair competitive advantage. For the purpose of this clause, the term Contractor includes the Contractor’s business units and divisions, as well as the Contractor’s parent company, subsidiaries, affiliates, and successors (as applicable).
For the purpose of this contract, “sensitive” information is defined in the Access to Sensitive Information clause of this contract.
(c) The restrictions upon future contracting are as follows:
(1) The Contractor shall not:
(i) participate in any capacity, in support of a respondent, in any solicitations where it has provided evaluative services under this contract; or
(ii) perform any work for the baseline or threshold investigation, as defined at selection/down-selection of the associated proposal and/or mission, arising from, or related to, any proposal evaluation or assessment, which the Contractor performed under this contract.
(2) These restrictions shall remain in effect for a reasonable time after the Contractor’s performance under this contract has ended, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias.
This time shall in no case be less than the duration of the initial contract arising from the proposal evaluation, assessment, or study on which the Contractor and its subcontractors performed these services.
(3) To the extent that the work under this contract requires access to proprietary, sensitive, business confidential, or financial data of other companies, and as long as these data remain proprietary, sensitive, or confidential, the Contractor and its subcontractors shall protect these data from unauthorized use and disclosure and agrees not to use the data for any other purpose including, but not limited to, competing for future work.
(d) The Contractor shall include this clause in all subcontract(s) regardless of tier.
(End of clause)
File details come from the government source that posted it. Updated .