Attachment J-11 MDA OCI Policy Memo 51.pdf

GC

DEPARTMENT OF DEFENSE

MISSILE DEFENSE AGENCY

5700 1 8 T H STREET

FORT BELVOIR, VIRGINIA 22060·5573

POLICY MEMORANDUM NO. 21

MEMORANDUM FOR ALL MDA PERSONNEL

SUBJECT: Organizational Conflicts of Interest

MAY 3 0 2012

This memorandum establishes the Missile Defense Agency's policies pertaining to organizational conflicts of interest (OCis ). This revised policy memorandum supersedes Policy Memorandum No. 51, dated July 27,2009.

OCis can deprive the Agency ofthe independent, objective advice of its supporting contractors. OCis occur when a contractor may be unable to provide impartial advice or assistance, when its objectivity in performing a contract is impaired, or when it may obtain an unfair competitive advantage. A contractor can obtain an unfair competitive advantage by obtaining access to non-public information (to include proprietary, budgetary, and acquisition planning information) or when it is in a position to favor its own products or services. Key OCI principles have been promulgated in Federal Acquisition Regulation (FAR) Subpart 9.5 and have been enforced by protest decisions of the Government Accountability Office and the Court of Federal Claims. Consequently, it is critical that the Agency adhere to these processes and procedures in the FAR and this policy memorandum.

As a matter of general policy, contractors which provide advisory and assistance services to the Agency, particularly in the engineering, acquisition support, and quality functional areas, cannot develop or support the development of the Agency's research and development (R&D) efforts. This separation of contractual responsibilities is critical to ensuring the Agency obtains the independent, objective adviye it requires, particularly in establishing requirements for our major R&D efforts and in evaluating the performance of contractors which perform those requirements. While some contractors may be able to provide subcontracting services to the Agency, their prime contractors will be required to demonstrate that the involvement of these subcontractors will not constitute an OCI or place them in a position of evaluating the services or performance of our developmental contractors.

As the Agency head, I retain the authority to grant waivers of bias-type OCis. I intend to exercise that authority in very limited circumstances and only when in the Government's interest.

Generally, temporary OCI waivers will be considered on a case-by-case basis for no more than six months to permit contractors to divest themselves of existing contracts or business units after contract award.

To preserve the integrity of our source selections, all participants shall be free from personal financial interests, to include those of members of their household, in any competitors.

Contractors and members of Federally Funded Research and Development Centers that will have access to proprietary information shall similarly have no fmancial interests in any of the competitors and be free of all OCis.

HQ-0147-18-R-0004

Attachment J-12 MDA

OCI Policy 51

All Agency personnel shall take appropriate measures to prevent our supporting contractors from obtaining unfair competitive advantages by virtue of their access to nonpublic information. Discussions and development of acquisition strategy will be limited to an appropriate number of personnel. Contractors will be required to establish internal frrewalls and organizational separations to ensure that only employees supporting the Agency have access to nonpublic and sensitive Agency information, and that such information is not provided to other contractor employees or officials, unless the information is available publicly or its transmittal is authorized by the supporting contracting officer.

As the FAR vests responsibility for identifying, mitigating, and resolving OCis in our contracting officers, I expect all personnel to coordinate OCI issues with respect to specific procurements with their supporting contracting officers and legal counsel.

My point of contact for specific issues regarding OCis in the Office of General Counsel is Mr. Norbert Diaz, who can be reached at (256) 450-2806 or Norbert.Diaz@mda.mil.

IZdfJ ,~$ PATRICKJ.t"~~ Lieutenant General, USA Director

51 HQ-0147-16-R-0005

Attachment J-12 MDA OCI Policy 51