DRAFT_FIAR_-_OCI_Proivision_Clause.docx

AFFARS 5352.209-9001, Potential Conflict of Interest

POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010)

(a) There is potential organizational conflict of interest (see FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest) due to an impaired objectivity with offerors that are prime contractor, subcontractor, supplier, or consultant for any other contract that would design, develop, implement, operate, or sustain any system or deliverable that is based on a recommended solution provided under this contract. Specifically, any offeror that is a holds a contract in the Program Management Office and/or the Financial Management Office of the following systems will have an impaired objectivity OCI: Defense Enterprise Accounting and Management System (DEAMS), Next Generation Information Technology (NexGen IT), and Air Force Integrated Personnel and Pay System (AFIPPS). Accordingly:

(1) Restrictions are needed to ensure that the offeror understands the technical judgment of a Contractor will often influence the systems, training, services, policy or guidance adopted by the Air Force, and a Contractor will play a key technical review role over other Contractors' work. Both the Government and all Contractors must have the utmost confidence that acquisitions are fair and that a Contractor's judgment and recommendations are objective, impartial, and independent.

(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 and the three systems listed above.

(b) If award is made to the offeror for the FIAR requirement, the resulting contract may include an organizational conflict of interest limitation applicable to subsequent Government work on any of the three sytems, 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.

(End of provision)

AFFARS 5352.209-9000, Organizational Conflict of Interest

ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010)

(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 a11 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.

(b) The Contractor may gain access to proprietary information of other companies during contract performance. The Contractor agrees to enter into company-to-company agreements to: (I) protect another company's information from unauthorized use or disclosure for as long as it is considered proprietary by the other company; and, (2) to refrain from using the information for any purpose other than that for which it was furnished. For information purposes, the Contractor shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information which is available to the Government or to the Contractor from other sources and furnished voluntarily without restriction.

(c) The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work which is subject to the organizational conflict of interest restrictions identified in this clause, unless excused in writing by the Contracting Officer.