Early_COI_Disclosure.pdf

Pentagon Memorial Lighting Repair (PML) Repairs Early COI Disclosure

EARLY COI DISCLOSURE

The following is the anticipated Organizational Conflict of Interest (COI) clauses and provisions that will be included in the solicitation and resultant contract. Interested parties should review the official Request for Proposals (RFP) for the final COI requirements.

SOLICITATION PROVISIONS

ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION

The offeror [ ] is [ ] is not aware of any information bearing on the existence of any potential organization conflict of interest. If the offeror is aware of information bearing on whether a potential conflict may exist, the offeror shall provide a disclosure statement describing this information. (See Section L of the solicitation for further information.)

(End of provision)

ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION

(a) The prospective Contractor certifies, to the best of its knowledge and belief, that it is not aware of any information bearing on the existence of any potential organizational conflict of interest. If the prospective Contractor cannot so certify, it shall provide a disclosure statement in its proposal which describes all relevant information concerning any past, present, or planned interests bearing on whether it (including its chief executives and directors, or any proposed consultant or subcontractor) may have a potential organizational conflict of interest.

(b) Prospective Contractors should refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

(c) If the Contracting Officer determines that a potential conflict exists, the prospective Contractor shall not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation.

(End of provision)

DISCLOSURE REQUIREMENTS FOR ORGANIZATIONAL CONFLICT OF INTEREST

The proposed contract utilizes documents/services performed by the WHS Construction Management and Technical Support Services (CMTSS) contract for the preparation of the Statement of Work (SOW), Cost Estimates, Project Schedules, and Technical Criteria. An offeror shall specifically disclose whether they have any business or financial relationships with an entity whose financial interests may be directly affected by the work performed by the CMTSS contractor.

The disclosure statement must address actual and potential organizational conflicts of interest within the offeror's entire corporate organization, including parent company, sister companies, affiliates, subsidiaries, and other interests held by the offeror. In addition to identifying actual and potential organizational conflicts of interest, the disclosure statement shall describe how any such conflict can be avoided, neutralized, or mitigated. The Contracting Officer will determine an offeror's eligibility for award based on the information provided in the disclosure statement.

(End of provision)

EVALUATION OF RESPONSIBILITY MATTERS

The offeror’s Subcontracting Plan and COI Disclosure Statement will each be rated on a Pass/Fail basis as part of the Contracting Officer’s responsibility determination. Each item will be evaluated as follows:

(a) The offeror's Subcontracting Plan will be evaluated on whether it meets all of the requirements of the Section I clause FAR 52.219-9, Small Business Subcontracting Plan (DEVIATION 2016-O0009) (AUG 2016) and Section J Attachment 7 – Subcontracting Plan Format. For purposes of this solicitation and any resulting contract, the offeror’s subcontracting goals shall be consistent with the goals described in the Section L provision, WHS Goals for Subcontracting with Small Business. Plans that meet all requirements will be rated "Pass." Plans that do not meet all requirements will be rated "Fail". An offeror whose Subcontracting Plan is rated as "Fail" at time of award will be ineligible for award.

(b) The offeror’s COI Disclosure Statement will be evaluated on whether it meets all of the requirements of the Section L provision, "Disclosure Requirements for Organizational Conflict of Interest". Disclosure Statements that meet all requirements will be rated "Pass." Disclosure Statements that do not meet all requirements will be rated "Fail". An offeror whose Disclosure Statement is rated as "Fail" at time of award will be ineligible for award.

(End of provision)

CONTRACT CLAUSES

ORGANIZATIONAL CONFLICT OF INTEREST DISCLOSURE

(a) Offerors are advised that employees of the firms identified below have participated in the preparation of the Statement of Work (SOW), Solicitation, Cost Estimate, and may assist in the administration of the contract, or may serve as Technical Advisors in the source selection process. These individuals will be authorized access to only those portions of the proposal data and discussions that are necessary to enable them to perform their respective duties. Such firms are expressly prohibited from competing on the subject acquisition and from scoring or ranking of proposals or recommending the selection of a source.

AECOM/Parsons, Joint Venture 3101 Wilson Blvd Arlington, VA 22201-4443

MARKON, INC.

400 South Maple Ave Suit 230 Falls Church, VA 22046-4243

(b) In accomplishing their duties related to the source selection process, the aforementioned firms may require access to proprietary information contained in the offeror’s proposals. Therefore, pursuant to FAR 9.505-4, these firms must execute an agreement with each offeror that states that they will (1) protect the offerors’ information from unauthorized use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other than that for which it was furnished. To expedite the evaluation process, each offeror must contact the above companies to effect execution of such an agreement prior to submission of proposals. Each offeror shall submit copies of the agreement with their proposal.

(c) This clause must be included in all subcontracts and other agreements executed by the prime contractor in connection with submitting the prime contractor’s proposal or performing the work.

(End of clause)

CONTRACTOR DISCLOSURE OF ACTUAL OR POTENTIAL CONFLICT OF INTEREST

If, before or after award, an actual or potential conflict of interest is identified by the Government or discovered by the Contractor, the Contractor shall immediately make a full disclosure in writing to the Contracting Officer. The Contractor further recognizes that during the term of this contract, conditions may change which may give rise to a newly recognized actual or potential conflict of interest. In the event that the Government identifies or the

Contractor discovers an actual or potential conflict of interest before or after award, the Contractor shall, at a minimum, immediately provide the following information:

i. A description of the actual or potential conflict of interest and identify the parties involved;

ii. A description of the work affected by the actual or potential conflict of interest; and

iii. A mitigation plan as described in section (c)

(a) Mitigation Plan. To the extent that the Contractor of the Government has at any time before or after award identified an actual or potential conflict of interest, the Contractor shall propose a written mitigation plan which concisely describes all relevant facts concerning any potential conflict of interest including any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the services performed or product to be delivered under this solicitation. The mitigation plan shall describe the actions or planned actions the Contractor has taken or purposes to take, to avoid, mitigate, or neutralize the conflict of interest. If accepted by the Contracting Officer, the mitigation plan will become part of the contract.

(b) Final authority. The Contracting Officer is the final authority in determining whether a conflict of interest exists and whether the conflict of interest has been adequately mitigated, neutralized or avoided.

(c) Remedies. The presence of an actual or potential conflict of interest that, in the Contracting Officer’s discretion, cannot be avoided, mitigated or neutralized, may preclude the Contractor form competing for the award or, if the conflict is discovered after award and cannot, in the Contracting Officer’s discretion, be neutralized, mitigated or avoided, may result in termination of the contract. If the conflict of interest results from conflicting financial or other interests involving Contractor personnel performing under this agreement, the Contracting Officer may require the Contractor to remove such personnel from performance of work under the contract as a means to avoid, neutralize or mitigate the conflict of interest before award, or discovers or with reasonable diligence should have discovered an actual or potential conflict after award and does not disclose or misrepresents relevant information to the Contracting Officer, it will be deemed a material breach of the agreement/solicitation. In that event, the Government may elect to terminate the contract for default. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this agreement, or statute or regulation.

(d) The Contractor may not compete for any requirement that incorporates, involves or relates to any work performed by contractor under this solicitation unless otherwise authorized in writing by the Contracting Officer.

(End of clause)