Attachment_J-3_OCI_Compliance.doc

LEIS PMSS, Ver A

10 Dec 2007

ATTACHEMENT J-3

Organizational Conflict of Interest (OCI) Compliance Forms for Completion Summary

Offerors are required to submit the completed forms listed below in accordance with this form’s instructions and guidance provided within the RFP.

Contracting Officer Determination on Conflict of Interest

The FBI Contracting Officer has determined that for this solicited effort the conditions of FAR 9.505-1 and FAR 9.505-2 apply. Therefore, the successful Offeror awarded a contract resulting from this Solicitation will not be eligible for award of contracted efforts that result from work performed on this effort. This effort provides for Acquisition Subject Matter Expert Services independent of a financial interest in the outcome of the services provided. This includes precluding the Contractor from bidding, as either a prime contractor or subcontractor, on future requirements for programs in which the contractor has received previous knowledge of procurement sensitive or non-public information. The duration of the restrictions imposed by FAR Part 9.5 and its subsections will be imposed on the successful Offeror for the duration of the Period of Performance of the Base Year and any and all exercised Option periods.

Organizational Conflict of Interest/ Preclusions to Bidding on Future Requirements

The Contractor shall avoid any perceived or actual organizational conflicts of interest (OCI) that occur prior to or during the performance of this contract. This includes precluding the Contractor from bidding, as either a prime contractor or subcontractor, on future requirements for programs in which the contractor has received previous knowledge of procurement sensitive or non-public information. The period of prohibition is from Master Contract award to twelve (12) months following end of the Contract. If a conflict of interest does occur, the Contractor shall report it immediately to CO and the COTR. The Contractor shall be required to certify that it shall avoid and report all conflicts of interest as a condition of this contract. As part of this certification, Contractors shall provide the following information as part of their Phase 2 Submission for Volume D. Every contractor or subcontractor who submits an offer as a prime contractor or as a member of a contractor teaming arrangement shall review and comply with FAR Subpart 9.5. Since ensuring trust is of paramount importance, only companies with acceptable Organizational Conflict of Interest (OCI) Mitigation Plans (for themselves and proposed subcontractors) will be eligible for award.

Organizational Conflict of Interest (OCI) Certification Personnel for successful Offeror are required to complete and sign a copy of the Organizational Conflict of Interest/Non-Disclosure Form upon Award.

Organizational Conflict of Interest (OCI) Mitigation Plan

Each OCI Mitigation Plan shall follow the requirements set forth in FAR Subpart 9.5. Each of the items listed below shall be specifically addressed corresponding to the unique alphabetic designation.

(a) Demonstrate how the elements performing the proposed effort will be isolated from the remainder of the company.

(b) Describe how information, whether in hard copy or electronic media, will be stored and destroyed in order to preclude a transfer of information.

(c) Describe how networks and servers will be protected to prevent unauthorized transfer of information.

(d) Describe management reporting chains in sufficient detail to demonstrate that the proposed effort and decisions related to the effort will be isolated from the remainder of the company.

(e) Address how your company will preclude a perception of impaired objectivity by prohibiting transfers of personnel between contracts.

(f) Provide information to indicate if the organizational elements performing the proposed effort will be geographically or physically separated from the remainder of the company.

(g) Describe techniques your company will employ to mitigate the perception that you will favor your own products or services.

(h) Describe the process in which the government will have insight or oversight of key processes.

(i) Describe any situation in which management outside the mitigated organization will have access to key decisions for which the mitigated organization is responsible.

(j) Provide all documents that your employees are required to sign indicating, which employees are required and how often the requirement is.

(k) Describe the process for reassigning personnel, including subcontractors, from one assignment to another, include restrictions.

(l) Describe the process for employees that leave your employment and any control you exercise over their future employment, particularly as it relates to OCI and non-disclosure.

(m) Describe any OCI training your employees are offered and or mandated, along with the timing (before or after starting work on a government contract) frequency, length and content of such training.

(n) Describe if your company conducts self-audits and if they will be made available to the government.

(o) Describe your proposed process and timeline for submitting, and obtaining the approval by the Contracting Officer for any and all subcontractors added to the contract post award that were not included in the OCI Plan submitted as part of the contractor’s proposal.

(p) Provide organization charts showing the company’s corporate structure and highlight elements of the company participating in the contract.

To enable the Government to fairly evaluate the proposed plan, the following shall be specifically addressed:

(a) Disclosure of business activities of your company, your affiliates, your team members and affiliates of your team members which create either a conflict of interest or the appearance of a conflict of interest.

(b) Provide evidence of facts and circumstances that you believe mitigate or address concerns related to the appearance and/or presence of an OCI.

(c) Explain your proposed approach to mitigating the effects of any apparent or actual conflicts of interest arising out of the business activities disclosed in response to (A.) above.

The government will treat all submissions as proprietary under 18 U.S.C. §1905 and protect proposed information accordingly. The plans shall apply to both the prime Offeror as well as any proposal subcontractors.

Document Title� Located� Due� OCI Certification� Contractor Format� Before personnel begin work� OCI Mitigation Plan� Contractor Format� With Proposal�