POTFF_Recompete_ROE_Incumbents_20_Mar_18_FINAL.pdf

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Attached to
POTFF Federal contract opportunity
Solicitation number
H92222-18-R-0010
Issued by
United States Special Operations Command

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POTFF Re-Compete Rules of Engagement for Incumbents

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United States Special Operations Command (USSOCOM) Preservation of the Force and Family (POTFF) Programs Support Contract

NOTICE REGARDING UPCOMING CONTRACT TRANSITION

The Command has started the recompetition efforts for the Preservation of the Force and Families (POTFF) Programs Support Enterprise contract. This personal services Indefinite Delivery/Indefinite Quantity (IDIQ) Enterprise contract will replace the current POTFF IDIQ contract, H92222-13-D-0004. This follow-on contract will continue to provide the POTFF-TF with contractor personnel in support of its programs and initiatives across three key domains:

Human Performance, Psychological Performance, and the Social Performance across the USSOCOM Enterprise.

Planned contract award is currently 9 Oct 2018 with all Task Orders being fully transitioned to the new contract effective 1 March 2019.

Based on the criticality of this program, these efforts will likely create questions and concerns for incumbent employees. Furthermore, due to the personal services nature of these requirements, retaining qualified incumbent personnel is a critical facet to ensuring a seamless contract transition which minimizes impacts to SOF users.

Therefore, to assist with this process, applicable Rules of Engagement (ROE), Non-Compete clauses, and Points of Contact (POC) are being provided for use by all current contractor incumbent employees, Contracting Officer Representatives (CORs), POTFF Component Directors, as well as all potential offerors, to ensure the fair and timely execution of this critical contracting effort.

All potential offerors need the ability to recruit the incumbent employees. Therefore, Non-compete provisions are contained within both the current contract (and all subcontracts) as well as the new Request for Proposal (RFP), Section H.3 as follows:

“H.3 Non-Compete Provisions. The use of non-compete conditions in employment agreements or in subcontracts (to prevent loss of personnel by the contractor) effective only during the period of the contract performance is acceptable. However, the use of non-compete conditions in employment agreements and/or in subcontracts that prevent employees and/or subcontractor employees of the incumbent team from being interviewed by, employed, or accepting offers of employment and/or subcontracts by potential competitors on the follow-on contracts is unacceptable. It hinders the government's ability to accomplish the mission of providing medical care to beneficiaries. Awardee, and their subcontractors, may not include such conditions in employment agreements and/or subcontracts.”

The Government has confirmed with the incumbent prime contractor that they and their current subcontractors are in compliance with the non-compete provisions and have not included any non-compete conditions in employment agreements that prevent employees of the incumbent team from being interviewed by, employed by (under the new contract), or accepting contingent offers of employment by potential competitors for the follow-on contract.

Therefore, all incumbent employees are authorized and in fact encouraged (on their off duty time) to speak with, interview with, sign contingent hire offers with, etc. any company that they wish to ensure all potential offerors have the ability to recruit all incumbent employees in order to meet the requirements of the RFP.

Any incumbent employees that are being provided direction from their current employer that conflicts with the above guidance should immediately report it to the Contracting Officer Representative (COR) and the Points of Contact provided below as soon as possible.

UPDATED POINTS OF CONTACT:

Contracting Officer: Jace Anders, (813) 826-7247 jace.anders@socom.mil

Program Manager: Ms Alicia Spurling, (813) 826-1851 Alicia.Spurling@socom.mil

Contract Specialist: Ms. Ashley Commiso, (813) 826-4033 Ashley.Commiso@socom.mil mailto:jace.anders@socom.mil mailto:Alicia.Spurling@socom.mil mailto:Ashley.Commiso@socom.mil

File details come from the government source that posted it. Updated .