Attch 2-AF Requirements.docx

DOCX document 32 KB Posted

Attached to
NNC A&AS Technical Rescue Trainings and Curriculum Development
Solicitation number
FA251826Q0001
Issued by

About this file

This file is an attachment containing Air Force requirements and regulatory provisions for a federal contract opportunity. The document establishes governance structures and conflict of interest protections for the solicitation FA251826Q0001 for NNC A&AS Technical Rescue Trainings and Curriculum Development.

The file outlines the appointment of an ombudsman to address concerns from offerors and potential offerors, with the first point of contact being the contracting officer. If unresolved at the local level through the Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC), concerns may be escalated to the Air Force ombudsman at the Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC. The document establishes strict organizational conflict of interest (OCI) restrictions to prevent bias and unfair competitive advantage. Contractors performing systems engineering and technical direction cannot serve as prime contractors or subcontractors for the system or its major components throughout the system's life cycle. Additionally, the document addresses potential OCI situations by requiring offerors to disclose all previous or ongoing work related to the contemplated acquisition, with the government retaining authority to insert limiting provisions in resulting contracts. The ombudsman lacks decision-making authority and cannot assist with solicitation copies, due dates, or technical clarification—matters that must be directed to the contracting officer.

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Air Force Requirements

OMBUDSMAN

a. An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

b. Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

c. If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Director of Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC) via the following e-mail workflow address: afica.ks.wf@us.al.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/FLDCOM/DRU ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

d. The ombudsman has no authority to render a decision that binds the agency.

e. Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

ORGANIZATIONAL CONFLICT OF INTEREST

(a) The following restrictions and definitions apply to prevent conflicting roles which may bias the Contractor's judgment or objectivity, or to preclude the Contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.

(1) Descriptions or definitions:

"Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries.

"Development" means all efforts towards solution of broadly-defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.

"Proprietary Information" means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.

"System" means the system that is the subject of this contract.

"System Life" means all phases of the system's development, production, or support.

"Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.

"Technical Direction" means developing work statements, determining parameters, directing other Contractors' operations, or resolving technical controversies.

(2) Restrictions: The Contractor shall perform systems engineering and/or technical direction, but will not have overall contractual responsibility for the system's development, integration, assembly and checkout, or production. The parties recognize that the Contractor shall occupy a highly influential and responsible position in determining the system's basic concepts and supervising their execution by other Contractors. The Contractor's judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the Contractor's judgment or recommendations being influenced by its own products or capabilities, it is agreed that the Contractor is precluded for the life of the system from award of a DoD contract to supply the system or any of its major components, and from acting as a subcontractor or consultant to a DoD supplier for the system or any of its major components

(In accordance with RFO 9.507-2, insert Organizational Conflict of Interest verbiage, substantially as written, in the award/attachments when the contractor's eligibility for future prime contract or subcontract awards shall be restricted because of services being provided as stated in RFO 9.505-1 through -4.)

POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST

(a) There is potential organizational conflict of interest (see RFO Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to (state the nature of the proposed conflict). Accordingly:

(1) Restrictions are needed to ensure that (state the nature of the proposed restraint and the applicable time period).

(2) As a part of the proposal, the offeror shall provide the contracting officer with complete information of previous or ongoing work that is in any way associated with the contemplated acquisition.

(b) If award is made to the offeror, the resulting contract may include an organizational conflict of interest limitation applicable to subsequent Government work, at either a prime contract level, at any subcontract tier, or both. During evaluation of proposals, the Government may, after discussions with the offeror and consideration of ways to avoid the conflict of interest, insert a special provision in the resulting contract which shall disqualify the offeror from further consideration for award of future contracts.

(c) The organizational conflict of interest clause included in this solicitation may be modified or deleted during negotiations.

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