Response_to_Question_Seismic_Technical_Guidance_Development_and_Support.pdf

Response to Question

Vendor Question: In a review of the Performance Work Statement (PWS) for this solicitation, we noticed that the document was actually authored by Christopher Rojahn, who is currently the Director Emeritus of the Applied Technology Council, the current incumbent on this contract. Prior to his current position, he was the Executive Director for ATC for over 30 years and had been involved in FEMA's NEHRP program for a long time. The Federal Acquisition Regulations, Subpart 9.5 on Organizational Conflict of Interest states: “9.505-2 Preparing specifications or work statements. (a)(1) If a contractor prepares and furnishes complete specifications covering non-developmental items, to be used in a competitive acquisition, that contractor shall not be allowed to furnish these items, either as a prime contractor or as a subcontractor, for a reasonable period of time including, at least, the duration of the initial production contract.” It would seem that there would be a Conflict of Interest (COI) for a company that aided in preparing the performance work statement. Preparing the performance work statement prior to release of the solicitation would appear to give the Applied Technology Council an unfair competitive advantage. Would you please clarify if the Applied Technology Council does indeed have a conflict of interest due to preparing the performance work statement and consequently are precluded from proposing on this contract?

Government Response: The Contracting Officer fully investigated this matter and has determined that neither Mr. Rojahn nor Applied Technology Council (ATC) had any involvement in the PWS development for the subject requirement. Fact finding conducted by the Contracting Officer demonstrates that ATC does not have an actual conflict of interest (COI) or any unfair competitive advantage pursuant to FAR 9.504. It has been determined the current PWS was authored solely by FEMA with no input from ATC or Mr. Rojahn.

The PWS Word document properties showing Christopher Rojahn as the author was due to the inadvertent and perpetual use of a document created by Mr. Rojahn over 12 years ago on 9/8/2004 as the PWS template. The input provided by Mr. Rojahn on 9/8/2004 applied only to a portion of previous work entitled “Advanced Seismic Analysis Methods: Resolution of Issues” which was issued under a task order to ATC on/or about 9/30/2004 on a non-competitive basis. Subsequently, all work under the task order has been completed. The input provided by Mr. Rojahn in 2004 is not included in the current PWS. As such, ATC does not have any unfair competitive advantage and there is no reason to restrict the vendor from competing for this effort. This input was provided over 12 years ago. As such, more than a reasonable time period has passed since ATC has provided technical input for any related requirements. ATC does not have a COI and may compete for the subject requirement.