RFP_Atch_4_Notice_to_Offerors__11_Mar_16.pdf

Solicitation – FA3002-16-R-0007 RFP Atch 4 – Notice to Offerors

NOTICE TO OFFERORS

It is the government's determination that there is a potential conflict of interest IAW FAR 9.505.

Both companies listed below had individuals who participated in preparing the Performance Work Statement. Consequently, the following companies are excluded from participating as a prime or subcontractor in the execution of this requirement:

The Systems Group, aka TSG 104 Etowah Court Bonaire, GA 31005 and

The STS Systems Integration, LLC, aka SSI 1077 Central Parkway South San Antonio, TX 78232

Enabling Agreement Between Prime Contractors and Service Contractors

a) The Air Force Security Assistance Training (AFSAT) and SAF/IA have entered into contracts with The Systems Group (TSG) and The STS Systems Integration (SSI) for services to provide security assistance and service acquisition management support. Service tasks involve the application of a broad range of education, skills, knowledge, and experience in many disciplines in support of Security Assistance tasks. Service tasks performed by the existing service contractors’ (TSG and SSI) may require the Contractor’s personnel to cooperate with the Government’s existing service contractor personnel (TSG and SSI); these tasks could also require the existing service contractors’ (TSG and SSI) employees to request that the Contractor grant its employees access to information that the Contractor considers to be proprietary information.

b) In the performance of this contract, the Contractor agrees to cooperate with existing service contractors (TSG and SSI) by: a) responding to invitations from authorized personnel to attend meetings; b) providing access to non-proprietary research, development and planning data;

c)providing non-proprietary test data and results; d) providing schedule and milestone data; e) providing non-proprietary financial data included in the contract, all in original form or reproduced; e) discussing technical matters related to the program; and f) allowing observation of non-proprietary technical activities by appropriate support Contractor technical personnel.

c) The Contractor further agrees to include in each subcontract over $1 million or 10 percent of prime contract value, whichever is less, a statement requiring compliance by a subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (b) above, subject to coordination with the Contractor. This agreement is not intended to establish privity of contract between the Government and any subcontractor. Moreover, this agreement does not establish nor does it attempt to establish privity of contract between Contractor for this contract and any existing service contractors (TSG and SSI).

Solicitation – FA3002-16-R-0007 RFP Atch 4 – Notice to Offerors

(d) The existing service contracts (with TSG and SSI) anticipate that those service contractors may obtain access to another company’s proprietary information, to include the Contractor’s proprietary information associated with this contract. However, before the existing service contractors (TSG and SSI) will be able to access the Contractor’s proprietary information, the existing service contracts require the existing service contractors (TSG and SSI) to enter into company-to-company agreements with the Contractor in which the existing service contractors (TSG and SSI) agree: 1) to protect another company’s [proprietary] information from unauthorized use or disclosure and 2) to refrain from using the information for any purpose other than that for which the information was furnished. If the Contractor refuses to allow either or both of the existing service contractors (TSG and SSI) to have access to its proprietary information, then the Government will not allow employees of the existing service contractors (TSG and SSI) to access the Contractor’s proprietary information; in fact, in spite of delays that may ensue, if the Contractor refuses to enter into an agreement with an existing service contractor (either TSG or SSI) then the Government will not share proprietary information with that service contractor.

(e) The service contracts contain an organizational conflict of interest clause that requires the service Contractors to protect the data and prohibits the service Contractors from using the data for any purpose other than that for which the data was presented.

(f) The Contractor will not be required to perform any work or supply any documentation unless required to do so by this contract. If the Contractor enters into subcontracts, the Contractor is still responsible for making sure the work is performed in the manner specified in the contract.