A7_-_Sec_L__ITO_11_Mar.pdf

ATTACHMENT 7

TO

FA8818-15-R-0003

Operationally Responsive Space - 5 (ORS-5)

INSTRUCTIONS TO

OFFERORS

11 March 2015

Table of Contents

Contents Table of Contents

1 PROGRAM STRUCTURE AND OBJECTIVES

2 GENERAL INSTRUCTIONS

3 GENERAL INFORMATION

3.1 POINT OF CONTACT

3.2 DEBRIEFINGS

3.3 DISCREPANCIES

3.4 ELECTRONIC REFERENCE DOCUMENTS

3.5 EXCHANGES

3.6 DISCUSSIONS

3.7 USE OF NON-GOVERNMENT ADVISORS

4. PROPOSAL FORMAT/LIMITS

4.1 ORGANIZATION/NUMBER OF COPIES/PAGE LIMITS

Table 4-1: Proposal Organization

4.2 PAGE LIMITATIONS

4.3 PAGE SIZE AND FORMAT

4.4 PRICING RELATED DATA

4.5 INDEXING

4.6 GLOSSARY OF ABBREVIATIONS AND ACRONYMS

4.7 BINDING AND LABELING

4.8 ELECTRONIC OFFERS

4.9 DISTRIBUTION

4.10 LATE DELIVERY OF OFFERS/ BIDS

5. PROPOSAL CONTENT

6. VOLUME I – EXECUTIVE SUMMARY

6.1 NARRATIVE SUMMARY

6.2 OFFEROR’S PROPOSED TEAM

6.3 TABLE OF CONTENTS

7 VOLUME II - TECHNICAL VOLUME

7.1 FORMAT AND SPECIFIC CONTENT

7.2 SUBFACTOR ONE: PROGRAM EXECUTION

7.3 SUBFACTOR TWO: PREDICTED PERFORMANCE CAPABILITY

7.4 SUBFACTOR THREE: LAUNCH VEHICLE DEMONSTRATION

8 VOLUME III - PRICE

8.1 GENERAL INSTRUCTIONS

8.2 PRICE DATA

Table 8-1: Supplies and/or Services To Be Provided and Price

8.4 PRICING ARRANGEMENT/ CONTRACT TYPE

9 VOLUME IV –CONTRACT DOCUMENTATION

9.1 GENERAL INSTRUCTIONS

9.2 SF1449 SOLICITATION/CONTRACT FORM

9.3 SF1449 CONTINUATION SUPPLIES OR SERVICES AND COSTS/PRICES:

9.4 SOLICITATION PROVISIONS – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OR OFFERORS

10 OTHER INFORMATION REQUIRED

10.1 AUTHORIZED OFFEROR PERSONNEL

10.2 COMPANY/ DIVISION ADDRESS, IDENTIFYING CODES, AND APPLICABLE DESIGNATIONS

10.3 CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

10.4 ATTACHMENT 4: GOVERNMENT PROPERTY

10.5 ATTACHMENT 5: SUBCONTRACTING PLAN

10.6 POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

1 PROGRAM STRUCTURE AND OBJECTIVES

The Operationally Responsive Space program office is seeking a launch service for ORS-5 SensorSat mission. The general requirements for the launch services are defined in the Performance Work Statement (PWS) while mission-specific requirements are defined in the Technical Requirements Document (TRD).

2 GENERAL INSTRUCTIONS

The offeror's proposal must include all data and information requested by this solicitation and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Technical Requirements Document (TRD), Performance Work Statement (PWS), Contract Data Requirements List (CDRL), Milestone Deliverable Descriptions and Requirements, and Model Contract. Non-conformance with the instructions provided in this solicitation may result in an unfavorable proposal evaluation.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but, rather, shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the offeror's proposal.

Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

FAR 52.212-1(c) is revised that the proposal acceptance period is 180 days. By submission of a proposal, offerors agree to this term.

In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

FAR 52.212-1(e) is revised that multiple proposals are accepted but not multiple offers in a single proposal. Each proposal will be evaluated independently.

3 GENERAL INFORMATION

3.1 POINT OF CONTACT

The Contracting Officer (CO) is the sole point of contact for this acquisition. Address any questions or concerns you may have to the CO. Written requests for clarification may be sent to the CO at the address shown below.

SD/PKT

CONTRACTING DIVISION

3548 ABERDEEN AVE SE

KIRTLAND AFB, NM 87117-5778

FRANK STRUB 505-853-2838

Frank.Strub@us.af.mil mailto:Frank.Strub@us.af.mil

3.2 DEBRIEFINGS

Offerors desiring a debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

3.3 DISCREPANCIES

If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO in writing with supporting rationale as well as the remedies the offeror is asking the CO to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

3.4 ELECTRONIC REFERENCE DOCUMENTS

All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at https://www.fbo.gov/. <http://www.fbo.gov/> Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

3.5 EXCHANGES

Exchanges of source selection information between the Government and offerors will be controlled by the CO. Source selection information will be transmitted via electronic mail or fax.

3.6 DISCUSSIONS

The Government reserves the right to award without discussions if it is in the best interest of the Government. However, the Government may conduct discussions with Offerors after establishing a competitive range based on the ratings of each proposal against all evaluation criteria.

3.7 USE OF NON-GOVERNMENT ADVISORS

Offerors are advised that data submitted to the Government in response to this solicitation will be released to individuals who work for the following companies as non-government advisors for review and analysis:

Company Name Address Aerospace Corporation PO BOX 92957, Los Angeles, CA 90009-2957

Individual advisors from the above support contractors participating in the review and analysis of proposals have signed individual non-disclosure agreements with the Government which strictly prohibits any release or disclosure of information outside of the source selection team.

The Offeror may object to the release of their proposal information to any non- Government advisor. Any such objection must be submitted no later than 15 calendar days after RFP release, and transmitted by e-mail or mail via a written notification to the PCO. The Offeror shall also expressly state in the Executive Summary (Volume I) whether or not it consents to the release of its proposal information to the above non-Government advisors.

These non-government advisor contracts require the contractor to arrange "associate contractor agreements" reasonably necessary to conduct their services. Therefore, prior to lodging an objection with the contracting officer regarding use of non-government advisors, Offerors are http://www.fbo.gov/ http://www.fbo.gov/ highly encouraged to work with these contractors to secure any agreement deemed reasonably necessary as an additional safeguard.

4 PROPOSAL FORMAT/LIMITS

4.1 ORGANIZATION/NUMBER OF COPIES/PAGE LIMITS

The Offeror shall prepare the proposal as set forth in Table 4-1: Proposal Organization. The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits. The Volumes identified in the table shall be separately bound in three-ring, loose-leaf binders, plus each Volume’s electronic copy shall be saved on a separate compact disc (CD). For Volume II, provide page separation tabs for each Technical Factor.

The Offeror shall provide two hard copies of the proposal and three electronic copies of the proposal on CDs. The contents of each proposal volume are described in the paragraph as noted in the table below.

Table 4-1: Proposal Organization

Volume Title Hard Copies

Electronic Copies

Page Limit

I Executive Summary 2 3 5

II Technical Volume 2 3 50

III

Price Volume 2 3 Unlimited

IV

Contract Documentation 2 3 Unlimited

4.2 PAGE LIMITATIONS

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and excess paper copies will be returned to the offeror as soon as practicable.

4.3 PAGE SIZE AND FORMAT

4.3.1 A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall be single spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than 10 point, Times New Roman. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software. Use at least 1 inch margins on the top and bottom and ¾-inch side margins. Pages shall be numbered sequentially by volume. These page size and format restrictions shall also apply to responses to ENs.

4.3.2 Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 x 17 inches in size. Foldout pages shall fold entirely within the volume, and count as a single page. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than 10 point Times New Roman.

4.4 PRICING RELATED DATA

All pricing information shall be addressed in the Contract Documentation volume, in the 1449 and 1449 continuation pages of the RFP. Information shall be limited to Contract Line Item Number (CLIN) as specified in SF 1449 Continuation of the RFP.

4.5 INDEXING

Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections. This table of contents will be excluded from the page count.

4.6 GLOSSARY OF ABBREVIATIONS AND ACRONYMS

Each volume shall contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

4.7 BINDING AND LABELING

Each volume of the proposal should be separately bound in a three-ring, loose leaf binder permitting the volume to lie flat when open. The Executive Summary and the Technical Volume can be contained in the same binder. Staples shall not be used. A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, solicitation identification, and the offeror's name. The same identifying data should be placed on the spine of each binder. All unclassified document binders shall have a color other than red or other applicable security designation colors. Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), Restriction on disclosure and use of data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

4.8 ELECTRONIC OFFERS

The content and page size of electronic copies must be identical to the hard copies. All CDs shall be placed in plastic sleeves in one separate binder with the volume number and title indicated. Hypertext links shall be used to facilitate navigation within the document. Use separate files to permit rapid location of all portions, including factors, exhibits, annexes, and attachments, if any. If files are compressed, the necessary decompression program must be included. The electronic copies of the proposal shall be submitted in a format readable by Microsoft (MS) Office Word 2007, MS Office Excel 2007, MS Office Project 2007 or 2010, and MS Office Power Point 2007, as applicable. In the event that hard copies and electronic copies of a proposal are submitted and there are discrepancies between the hard copies and the electronic copies of the proposal, the hard copies will be used for evaluation.

4.9 DISTRIBUTION

The "original" proposal shall be identified. Proposals received after the date and time specified will be treated in accordance with FAR 52.212-1(f). All offers (bids or proposals) shall be delivered to the ORS Office on or before the date and time set for receipt of proposals or bids. The ORS Office is located on Kirtland AFB so hand delivered packages will require personnel to have base access capability. If arrangements are needed by the contractor for access, coordination/request is required 48 hours in advance. In addition, proposal package labels (applicable to mailed and hand-delivered proposals) shall contain the solicitation number, the name and address of the offeror, and be made to the attention of Frank Strub, Telephone: 505-853-2838. Proposals shall be addressed to the CO and mailed or hand carried to:

SMC/PKT

Attn: Mr. Frank Strub 3548 Aberdeen Ave. SE Kirtland AFB, NM 87117

4.10 LATE DELIVERY OF OFFERS/ BIDS

Late offers/bids will be processed in accordance with FAR 52.212-1, "Instructions to Offerors - Commercial Items," included in this solicitation.

5. PROPOSAL CONTENT

Offerors are requested to provide information responsive to the items set forth below. This information is considered essential for the Government to conduct a fair and uniform evaluation of proposals in accordance with the evaluation factors and sub-factors provided in Attachment 8, Evaluation Criteria. The items listed are not, however, all-inclusive, and offerors should therefore include in their proposals any further discussion that they believe to be necessary or useful in demonstrating their ability to understand and perform the work under the contemplated contract.

Proposals shall be specific, detailed, and comprehensive enough to clearly and fully demonstrate your understanding of the requirements of this procurement. Proposals shall ensure completeness and quality of the information provided to demonstrate the offeror's qualifications in terms of experience, capability, and proposed approaches to meet all of the requirements of the PWS and TRD. Proposals that are not feasible in terms of technical maturity, understanding, or price may be considered indicative of a lack of understanding of the solicitation requirements.

It will be the responsibility of each offeror to demonstrate the overall quality of their proposed methodologies to perform all of the required tasks.

In the event that subcontractors are proposed as being involved in conducting this work, their relationships during the effort shall be explained and their proposed contributions to the work shall be identified and integrated into each part of the proposal, as appropriate.

6. VOLUME I – EXECUTIVE SUMMARY

The purpose of the Executive Summary Volume is to provide a complete overview of the Offeror’s proposal. The Executive Summary Volume will not be evaluated, scored, or used to clarify other discrepant information in other volumes. Any summary material presented in the Executive Summary Volume will not be considered as meeting the requirements for any portions of other volumes of the proposal. The Offeror shall provide the following information in the Executive Summary:

6.1 NARRATIVE SUMMARY

The narrative should be concise and highlight any key or unique features of the proposal, excluding cost. The salient features should tie in with the evaluation factors/subfactors in the FAR 52.212.02 "Evaluation - Commercial Items" section of this solicitation. Any summary material presented here shall not be considered as meeting the requirements for any portions of the proposal. This summary shall also include the offerors' consent to the use of non-government advisors.

6.2 OFFEROR’S PROPOSED TEAM

The Offeror shall briefly identify the Offeror’s team and their associated roles and responsibilities, including the prime, major subcontractors, and/or teammates.

6.3 TABLE OF CONTENTS

The Offeror shall include a master table of contents of the entire proposal which does not count towards the Executive Summary page count

7. VOLUME II - TECHNICAL VOLUME

The Technical Volume should be specific and complete. Legibility, clarity, and coherence are very important. Responses will be evaluated against the Technical Subfactors defined in the FAR 52.212.02 "Evaluation - Commercial Items" section of this solicitation. All the requirements specified in the solicitation are mandatory. By submitting a proposal, offerors are representing that they will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

7.1 FORMAT AND SPECIFIC CONTENT

Technical Proposal

In the technical proposal, offerors shall fully describe a technical solution for meeting the Government’s performance or capability requirements of each technical subfactor.

7.1.1 Volume Organization

The Technical Volume shall be organized according to the following general outline. All Appendices are exempt from the page count.

(1) Glossary (exempt from page count)

(2) Factor One: Technical

(3) Subfactor One – Program Execution

(4) Appendix 1 – PWS Reference Matrix

(5) Appendix 2 – Mission Integration Schedule

(6) Subfactor Two – Predicted Performance Capability

(7) Appendix 3 – TRD Reference Matrix

(8) Appendix 4 – Mission Analysis

(9) Appendix 5 – Static/Quasi-static; Random Vibration; Shock; Acoustic environments and derivation methodology at the space vehicle interface

(10) Subfactor Three – Launch Vehicle Demonstration

(11) Appendix 6 – CDR presentation (s) on new subsystems (if applicable)

7.2 SUBFACTOR ONE: PROGRAM EXECUTION

The offeror’s proposal shall describe the technical and management approach to planning, documenting and executing the proposed ORS-5 launch service. The offeror should identify the applicable regulations and policies specific to the proposed launch service solution, including launch location and facilities, and discuss how the offeror will be compliant with those regulations and policies. Special attention should be given to describing the offeror’s methods to ensure the launch date (15 May 17) is met. The offeror should describe their approach to meeting each section of the PWS. As supporting evidence to this section, the offeror shall supply the following in Appendices to the proposal that have no page limitations: Appendix 1:

A PWS Reference Matrix listing the sections of the PWS and the relevant sections of the technical volume that discussed compliance with that PWS section. Appendix 2: A Mission Integration Schedule showing major milestones for the launch service execution, CDRL deliverables, space vehicle deliverable dates, integrated analyses dates, and launch site activities.

7.3 SUBFACTOR TWO: PREDICTED PERFORMANCE CAPABILITY

The offeror’s proposal shall demonstrate their understanding of the TRD requirements and clearly identify how the proposed launch service will meet those TRD requirements.

Additionally the offeror shall supply the following in Appendices to the proposal that have no page limits: Appendix 3: A TRD Reference Matrix listing the sections of the TRD and the relevant sections of the technical volume that discussed compliance with that TRD section.

Appendix 4: The mission analysis input and output files that show how the proposed launch service can meet the orbit requirements with the required margin. Appendix 5: Analysis that show how the proposed launch solution can meet the Quasi-static, Random Vibration, Shock and Acoustic environmental requirements of the TRD

7.4 SUBFACTOR THREE: LAUNCH VEHICLE DEMONSTRATION

The offeror’s proposal shall provide evidence of three successful launches of the proposed launch vehicle. Changes to subsystems of the flight demonstrated launch vehicle are allowable, however the new subsystems must either be flight qualified, meaning they have flown on a different flight system in a similar capacity, or at a CDR-level design maturity with a path to qualification that meets the ORS-5 launch date. The offeror shall supply the CDR presentations, or equivalent documentation, of the proposed new subsystems in Appendix 6 that has no page limitation.

8 VOLUME III - PRICE

8.1 GENERAL INSTRUCTIONS

The priced proposal shall be predicated on a Firm Fixed Price (FFP) pricing arrangement. If the offeror is the successful awardee, the contracting officer will insert in block 26 the value of instant contract based on the pricing contained in the submitted excel sheet coinciding with contract award.

8.2 PRICE DATA

The Offeror shall not include price information in any other portion of the proposal. For CLINs 0001 and 0002, the Offeror, when completing Table 8-1, shall fill in the same price for CLIN 0001 as the SF 1449 Continuation pages.

Table 8-1: Supplies and/or Services To Be Provided and Price

CLIN DESCRIPTION QTY/ UNIT FIRM FIXED PRICE

0001 ORS-5 LAUNCH SERVICES 1 SERVICE

0002 DATA AND REPORTS As Required NSP

GOVERNMENT PROPERTY PROPOSED

TOTAL EVALUATED PRICE

8.3 ROUNDING

All dollar amounts provided shall be rounded to the nearest dollar.

8.4 PRICING ARRANGEMENT/ CONTRACT TYPE

The Price proposal shall be predicated on a Firm Fixed Price (FFP) pricing arrangement with the following exceptions: Data and Reports (CLIN 0002) are not separately priced. CLIN 0002 (Data and Reports) shall be NSP “Not Separately Priced”

9 VOLUME IV –CONTRACT DOCUMENTATION

9.1 GENERAL INSTRUCTIONS

The purpose of this volume is to provide information to the Government for preparing the contract document and supporting file. The Offeror’s proposal shall include one (1) signed and dated copy of the Standard Form (SF) 1449, delivered with the SF1449 Continuation pages, the Addendum, the Contract Documents, and Exhibits and Attachments. The original should be clearly marked and should be provided without any punched holes. The SF1449 shall not have any proprietary markings. Fill in all blanks in the Solicitation. Specifically, complete the following:

9.2 SF1449 SOLICITATION/CONTRACT FORM

Completion of blocks 30b and signature and date for blocks 30a and 30c of the Standard Form 1449. Signature by the offeror on the Standard Form 1449 constitutes an offer, which the Government may accept. The "original" copy should be clearly marked under separate cover and should be provided without any punched holes

9.3 SF1449 CONTINUATION SUPPLIES OR SERVICES AND COSTS/PRICES:

The Offeror shall provide prices on all CLINs except for CLIN 0002, which is not separately priced.

9.4 SOLICITATION PROVISIONS – REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OR OFFERORS

Completed representations, certifications, acknowledgments and statements shall comply with FAR regulation 52.212-3 Alt 1 found in full text on the 1449 Continuation page.

10 OTHER INFORMATION REQUIRED

The following documents must be attached to the proposal or the proposal is considered incomplete.

10.1 AUTHORIZED OFFEROR PERSONNEL

Provide the name, title, and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

10.2 COMPANY/ DIVISION ADDRESS, IDENTIFYING CODES, AND APPLICABLE

DESIGNATIONS

Provide company/division's street address, county and facility code; CAGE code; DUNS code;

TIN; size of business (large or small); and labor surplus area designation. This same information must be provided if the work for this contract will be performed at any other location(s). List all locations where work is to be performed and indicate whether such facility is a division, affiliate, or subcontractor, and the percentage of work to be performed at each location.

10.3 CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

The offeror shall complete the pricing information by pricing all CLINs on the SF 1449 continuation page of the model contract. Offerors shall complete Contract Line Item Pricing at Table 9.1.The offeror shall also generate an Excel spreadsheet that includes all CLINs and a total price.

10.4 ATTACHMENT 4: GOVERNMENT PROPERTY

For the purpose of evaluation, if the Offeror’s proposal uses GFP motors or Government range services the total evaluated price will be adjusted using GP costs from Attachment 4. All supporting documentation associated with GP shall be submitted outside of the contract documentation but within Volume IV.

10.5 ATTACHMENT 5: SUBCONTRACTING PLAN

If the offeror is other than small business, the offeror's small business subcontracting plan shall be submitted IAW FAR 52.219-9. If the offeror has an approved comprehensive subcontracting plan (DFARS 219.702), it shall submit an addendum with its proposal that contains the following:

1) A brief description of the subcontracted effort. The description shall contain the offeror’s characterization of the work as either complex or noncomplex.

2) the North American Industrial Classification System (NAICS) code assigned by the offeror

3) the type of small business contractor anticipated to be used

4) goals expressed in dollars and percentage of total contract value and total subcontracting value.

The addendum will be incorporated into any resulting contract along with incorporation by reference of the comprehensive plan.

10.6 POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

(a) In accordance with FAR 9.5, Organizational and Consultant Conflicts of Interest, the Contracting Officer has analyzed the planned acquisition and determined that no known actual or potential Organizational Conflict of Interest (OCI) situations exist with respect to this solicitation.

(b) The offeror shall perform its own OCI analysis and submit the results of that analysis as part of its proposal. Specifically, the offeror shall analyze the planned acquisition for actual or potential OCI situations associated with its or any of its teammate’s or subcontractor’s performance under any contract it or any of its teammates or subcontractors has been or may be awarded by any federal agency or other entity. The offeror shall describe in detail the methodology used to identify actual or potential OCI issues. If the offeror identifies any actual or potential OCIs with respect to the performance of itself or its subcontractors or teammates, the offeror shall provide an Organizational Conflict of Interest (OCI) Mitigation Plan to be incorporated as an attachment to any resulting contract. At a minimum, the plan shall address all of the items identified in the most current version of SMC’s OCI Mitigation Plan Checklist provided as an attachment to this solicitation. Any proposed avoidance or mitigation techniques shall be consistent with FAR 9.5 and the most recent decisions of the Government Accountability Office and the U.S. Court of Federal Claims.

(c) 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 mitigate or avoid identified actual or potential conflicts of interest, insert a clause or term and condition in the resulting contract which disqualifies the offeror from further consideration for award of future contracts.

(d) Resolution of OCI issues are treated in a manner similar to the Contracting Officer’s contractor responsibility determination. Any communications necessary to resolve OCI issues shall not be considered discussions. As such, the Contracting Officer may issue Evaluation Notices to the offeror prior to any decision to enter into discussions in order to resolve questions or concerns with the offeror’s OCI analysis or mitigation plan.