FARM ll Multi-Step OCI Letter to Industry.pdf

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR FORCE TEST CENTER (AFMC)

EDWARDS AIR FORCE BASE, CALIFORNIA

30 April 2021

MEMORANDUM FOR ALL POTENTIAL OFFERORS

FROM: AFTC/PZI (Arnold)

SUBJECT: Presolicitation Notice for Advisory Multi-Step Process - Organizational Conflict of Interest (OCI) Mitigation Plans

1. The Government intends to conduct a full and open competition for the Facilities Acquisitions for Restoration and Modernization (FARM) II indefinite-delivery indefinite-quantity acquisition for Arnold Engineering Development Complex (AEDC). It is Air Force Test Center (AFTC) policy to ensure that contracts awarded to support the various missions of its organizations are free of actual, potential, or perceived OCIs. This policy regarding impaired judgment and objectivity concerns caused the Government to take a much stricter view regarding OCI for this acquisition. As a result, any firm that participated in preparation of this solicitation (including task orders), whether as a prime or as a subcontractor, is not eligible to participate in this effort due to a conflict of interest. In addition, any firm performing on the Test Operations and Sustainment (TOS) or successor contracts is not eligible to participate in the FARM II solicitation as a prime or subcontractor (see Attachment 2). The Government considers such firms to have an unfair competitive advantage and, therefore, will not consider such firms if proposed. If a conflict of interest is discovered after award of this contract, the Contracting Officer will make a decision whether to terminate the contract.

2. It is the Government’s desire to resolve OCI issues as early as possible in the acquisition cycle; therefore, the advisory multi-step process is being initiated in accordance with the principles of FAR 15.202. Based on the information submitted, the Government will advise offerors (solely from an OCI perspective) about its potential to be viable competitors. The Government advice may allow offerors to make an informed decision whether to participate in this acquisition. Notwithstanding the advice provided by the Government in response to your proposed plan, offerors may still elect to submit a proposal.

3. Since ensuring the continued trust of our customers is of paramount importance, the Government must understand the safeguards and mitigation strategies necessary to ensure any perceived or actual OCI is avoided, neutralized, or mitigated. Ultimately, only companies submitting acceptable mitigation plans will be eligible for award. The Government encourages every contractor who expects to submit an offer, as a prime contractor or as a member of a contractor teaming arrangement, to review the proposed OCI language and decide whether the potential for real or perceived OCI exists. If so, then a plan for the offeror’s entire team should be prepared and submitted for Government review. If it is decided that no real or perceived conflict exists, the basis for that decision should be fully explained so that the Government can respond accordingly as concurring or non-concurring. The Government will review the proposed plan and assess its risk and content. A thoughtful, comprehensive plan addressing in detail the elements listed below is the expectation. A flowchart showing the iterative process that will use to review mitigation plans and provide feedback is attached (see Attachment 1).

4. The offeror’s draft OCI mitigation plan should be based on the requirements of FAR Subpart

9.5 Organizational and Consultant Conflicts of Interest and AAFARS 5352.209-9000 Organizational Conflict of Interest, (Attachment 2). To enable the Government to evaluate the proposed mitigation plan, each of the following items must be specifically addressed:

a. Disclosure of business activities of the contractor itself, its affiliates, and its team members which create an OCI or the appearance of an OCI. See Attachment 2 for the full definition of who the OCI clause covers. Identify corporate business activities that:

(1) Present other actual or apparent conflicting role(s) that might bias the contractor’s judgment in relation to work for the Department of Defense; or

(2) Create any unfair competitive advantage the contractor might gain as a result of performing this contract, as either prime contractor, teaming in a joint venture or partnership; or

(3) Could impair the contractor’s objectivity when providing information to the Government where the contract calls for such objective advice or information.

b. Provide evidence of the facts and circumstances that are believed mitigated or address concerns related to the appearance or presence of an OCI.

c. Explain the proposed approach to mitigate the effects of any apparent or actual conflicts of interest arising out of the business activities disclosed in response to paragraph 4(a) above. The approach should be specific and detailed with respect to:

(1) Segregation of troublesome affiliations or activities from the offeror;

(2) Non-disclosure and proprietary-information-protection agreements used by the offeror. Include examples which divulge sufficient information to adequately describe the agreement’s participants, purpose, scope, duration, key terms and conditions, and number of offeror employees authorized to receive information;

(3) Proposed step-by-step process and timeline for consummating proposed agreements with other companies or organizations performing work at AEDC. Include recent references to validate the feasibility of the approach;

(4) Proposed intra-company and inter-company agreements or policies designed to ensure the offeror’s proposed approach is obligatory on the offeror’s parent, subsidiary, other affiliated, and successor entities and subcontractors;

(5) Proposed processes and procedures to be followed should a team member’s, team member’s affiliate, or ownership or corporate structure change;

(6) Proposed remedies or administrative actions the Government should take should an offeror purposely or inadvertently violate the OCI clause; and

(7) Any additional relevant measures deemed prudent or necessary.

5. The Government will treat all submissions as proprietary under 18 U.S.C. § 1905 and protect the proposed information accordingly. Interested parties should submit proposed mitigation plans no later than 17 May 2021. The Government will provide initial feedback by 28 May 2021.

6. Please email any questions to aedc.sso.us.af.mil.

ROBERT A. GREENE

Contracting Officer

2 Attachments

1. Advisory Multi-Step Process

2. Draft OCI Clause