Limitation of Future Contracting - EASSS 3 Clause (6 Dec 19).pdf
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- Attached to
- Evaluations, Assessments, Studies, Services, and Support 3 (EASSS 3) Federal contract opportunity
- Solicitation number
- 80LARC20C00XX
About this file
This sources sought notice describes a follow-on contract to provide evaluations, assessments, studies, services, and support for the Science Office for Mission Assessments at NASA Langley Research Center. Interested offerors are requested to submit an eight-page capability statement by November 18th, 2019 outlining their experience, facility clearance, understanding of the scope, and any subcontracting opportunities. The estimated contract value is $50M over five years, covering proposal evaluations, assessment panels, logistics support, and other analysis. A cost-plus-fixed-fee IDIQ contract is anticipated to be awarded between July and August 2020. Strict organizational and personal conflict of interest mitigation will be required due to access to proprietary data and evaluation of competitor proposals. Feedback is also requested on the draft statement of work and conflict of interest provisions.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sources Sought Update - Q&As (21 Jan 20).pdf | ||
| Sources Sought Update - Q&As (6 Dec 19).pdf | ||
| Sources Sought Update - Q&As (29 Nov 19).pdf | ||
| EASSS 2 Contract - Sections B-J (Sources Sought Reference).pdf | ||
| Limitation of Future Contracting - EASSS 3 Clause (20 Nov 19).pdf | ||
| Draft_Statement_of_Work_-_EASSS_3.pdf |
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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/Concept Study Report (CSR) 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 an offeror/potential proposer, in a solicitation for which it provides 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/CSR and/or mission, directly arising from, or directly related to, any proposal/CSR evaluation or assessment, which the Contractor performed under this contract. This restriction 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 contract plus one year, of any contract arising directly from a proposal/CSR evaluation, or an existing contract for a mission subject to an assessment on which the Contractor performed these services.
(2) 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 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 subcontracts regardless of tier.
(End of clause)
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