OCI_Mitigation_Plan_REMINDER.pdf

TO: ALL INTERESTED PARTIES

FROM: 21 CONS/LGCZW

350 Dover St. Ste. 1055

Peterson AFB CO 80914-1499

SUBJECT: FA2517-15-R-8001 SSPARS OCI MITGATION PLAN

1. This is a reminder notice for all interested parties to submit their OCI mitigation plans as soon as possible. IAW the draft RFP, Section L-3, Air Force FAR Supplement (AFFARS)

Solicitation Provisions, Provisions Incorporated by Full Text:

5352.209-9001 Potential Organizational Conflict of Interest OCT 2010

(IAW AFFARS 5309.507-2(b)

(a) There is potential organizational conflict of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) with the SENSOR contract. The SSPARS contractor will be responsible for testing or providing technical evaluations of products delivered from the

SENSOR program. Accordingly:

(1) Restrictions are needed to ensure that the Contractor is not testing or providing technical evaluations on its own products delivered to the SSPARS program.

(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. Prime or subcontract work related to the SENSOR contract may disqualify an offeror from proposing on SSPARS.

(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, including SMORS or its equivalent.

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

(end of provision)

2. In accordance with FAR 9.504(a), potential OCIs shall be evaluated as early as possible in order to avoid, neutralize, or mitigate significant potential conflicts before contract award. In order to make a timely and informed OCI decision, including potential mitigation strategies, all offerors with a potential for OCI are requested to submit their plan as soon as possible.

3. In order to determine whether or not an OCI actually exists, plans shall provide enough concrete detail so the Government can evaluate the actual nature of the work being performed, in order to determine whether or not the contractor’s perceived impaired objectivity is actually mitigated to an acceptable level.

4. To help interested parties understand the Government’s concerns between SSPARS and

SENSOR/SMORS, refer to the following GAO case: GAO File: B-299522.5; B-299522.6 dated 30 December 2008, Matter of Nortel Government Solutions, Inc.

5. Please contact the Contracting Officer with any questions or to arrange a meeting to discuss your proposed mitigation strategy.

AUSTIN FRINDT, Contracting Officer austin.frindt@us.af.mil

(719) 554-2940 http://www.gao.gov/products/A85071 http://www.gao.gov/products/A85071 mailto:austin.frindt@us.af.mil