DRAFT RFP Section L

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Offerors are advised the Government intends to award one contract resulting from this solicitation on initial proposals and without conducting discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint and be in strict conformance with all provisions of this solicitation.

L.2 Enhanced Safeguarding Information Requirements (Reference Section H.4.)

L.2.1 As part of their proposal, offerors will submit a completed checklist and certification as described in the contract provisions cited, using the Checklist and Certification for Minimum Level of Enhanced Safeguarding for Unclassified DoD Information (i.e. TMA Form ___).

L.3 CONFLICTS OF INTEREST

L.3.1 The offeror’s attention is directed to FAR, Subpart 9.5, “Organizational and Consultant Conflicts of Interest.”

L.3.2 For the purpose of these provisions, the term “Offeror” means the offeror, its subsidiaries, affiliates, partners, marketing consultants, as defined by FAR, Subpart 9.501, or any of its successors or assignees.

L.3.3 It is the position of TMA that certain companies, due to the nature of their contract performance with DoD, have an actual or potential organizational conflict of interest, which must be avoided, neutralized, or mitigated. The following companies may not serve as the prime contractor, subcontractor, or market consultant in the development of a response to the solicitation: Advanced Pharmacy Concepts, General Dynamics Information Technology, Irving Burton Associates, and Axiom Resource Management. In the event an offeror intends to use the following companies as a subcontractor or market consultant in the development of a response to the solicitation, the offeror shall provide a mitigation plan to the Contracting Officer no later than 30 calendar days prior to utilizing the company: McKesson; Meridian; Systems Research and Applications Corporation; Lockheed Martin Services, Inc.; any company or individual with a TMA support contract; and any company or individual supporting the following DoD pharmacy systems: DEERS, PDTS, CHCS, ALTA, iEHR, CHDR, and TMDS.

L.3.4 Offerors are hereby notified that an actual or potential conflict of interest may exist with Covered DoD officials, as defined by DFARS 252.203-7000. In addition to the requirements of DFARS 252.203-7000, an offeror must disclose and provide a mitigation plan for all employees it intends to utilize in the development of a response to this solicitation that are potential Covered DoD Officials to the Contracting Officer prior to the involvement of Covered DoD Officials in the development of a response to the solicitation.

L.3.5 It is the position of TMA that offeror’s ownership or financial interests in TRICARE network pharmacies may pose a potential conflict of interest in the performance of the contract. This includes, but not limited to, the Contractor’s performance as a fiscal intermediary and in its role in pursuing waste, fraud and abuse (TOM Chapter 13). Such impaired objectivity or conflicting roles must be avoided, neutralized, or mitigated. No later than 45 calendar days prior to the proposal due date, offerors shall identify and provide the Contracting Officer with a list of anticipated TRICARE network pharmacies which it has a financial interest. Offerors shall also submit a mitigation plan that effectively demonstrates how the offeror will mitigate any actual or potential organizational conflict of interest in the performance of the contract.

L.3.6 Offerors shall represent in writing within the proposal that, to the best of the offeror’s knowledge, there are no relevant facts or circumstances concerning any past, present, or potential contracts or financial interest relating to the work to be performed, which could give rise to a potential organizational conflict of interest, as described in FAR, Subpart 9.5. In the event an actual or potential organizational conflict of interest exists, offerors shall submit a mitigation plan to the Contracting Officer that effectively demonstrates how the offeror will mitigate any actual or potential organizational conflict of interest while supporting this contract and any other TMA contract.

L.3.7 The Contracting Officer will review all mitigation plans to determine whether award to the offeror is consistent with FAR, Subpart 9.5 and will utilize common sense discretion. If the Contracting Officer concludes that no conflict would arise or that the mitigation plan adequately protects the interest of the Government, the offeror will remain eligible for award. If the Contracting Officer concludes that the mitigation plan is inadequate, remedial actions will be considered, including elimination from the solicitation process, termination of related contract efforts already awarded, or negotiation of the mitigation plan.

L.3.8 The Government reserves the right, in case of a breach, misrepresentation or nondisclosure, to terminate the resultant contract, disqualify the offeror from subsequent related contractual efforts, or pursue any remedy permitted by law, regulation or the terms and conditions of this solicitation. Notwithstanding the above, the Offeror has the final responsibility to avoid, neutralize, or mitigate actual or potential organizational conflicts of interest. Offeror’s proposals shall acknowledge the above provisions.