Sol_N00014-15-R-0005_Amd_000003.pdf

(x)

N00014-15-R-0005 x x

3 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Arlington VA 22203 Suite 1425

N00014

875 North Randolph Street mary.dent@navy.mil; 703-254-7288 Attn: Mary Helen Dent Adams Office of Naval Research

03/22/2016000003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/12/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to allow offerors the opportunity to provide additional information to address Organizational Conflict of Interest (OCI) and Personal Conflicts of

Interest (PCI) and to extend the proposal validity period under N00014-15-R-0005.

Offerors that submitted proposals prior to the 15 Sep 2015 solicitation deadline shall provide responses in accordance with this amendment if they wish to remain in consideration for an award under N00014-15-R-0005. Failure to provide the requested information in the timeframe specified will result in an offeror being ineligible for award. No extensions will be granted. See Page 2.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Mary Helen Dent

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Instructions for Amendment

Offerors shall read instructions and provide responses to the items in the format described below.

1. Responses should be compiled and labeled as Volume III, “Additional Information – Organizational Conflict of Interest and/or Personal Conflict of Interest.”

2. Offerors shall provide 3 hard copies and 1 electronic copy by Friday, 1 Apr 2016 at 1600 Eastern Daylight Savings Time to the following address:

Office of Naval Research Attn: Ms. Sharon Palustre 875 North Randolph Street Arlington, VA 22203-1995

3. Questions regarding this amendment should be directed in email to Ms. Mary Helen Dent Adams at mary.dent@navy.mil no later than Friday, 25 Mar 2016 at 1600 Eastern Daylight Savings Time. Emailed questions received after this date and time will NOT be answered. Telephone calls regarding this amendment are NOT permitted.

4. Due to changes in security procedures since September 11, 2001, the time required for hardcopy written materials to be received at the Office of Naval Research has increased. Thus, to ensure timely delivery to the specified ONR office, it is recommended that any hard-copy amendment be mailed or otherwise delivered to the specified ONR office well before the deadline established in the amendment.

End of Section.

A. In Section I of the volume, Offerors shall provide the following response:

Offeror Statement regarding Offer Validity Period

________________________________________ (insert name), as an authorized negotiator on behalf of ____________________________________ (insert business name), specifically agrees that the technical and cost proposals submitted under N00014-15-R-0005 will remain valid until Friday, 3 Jun 2016 at 1600 Eastern Daylight Savings Time and that no changes to the technical and cost proposals already submitted in response to this solicitation shall be allowed under this amendment.

End of Section.

B. In Section II of the volume, offerors shall provide the following information. There is no limit on the page numbers for this Section.

Organizational Conflicts of Interest (OCI)

All offerors and proposed subcontractors/consultants shall affirm whether they are, may be, or are not party to an organizational conflict of interest as defined in FAR 2.101 and further explained in FAR Subpart 9.5.

Thus, any Prime Offeror and proposed subcontractors and consultants who support any United States Government agency, office, or activity through an active contract, active subcontract, or active assistance vehicle (to include grants, Other Transactions Agreements (OTA), and Cooperative Agreements) that have, or potentially may have, relevance to this solicitation and statement of work shall identify and define the OCI as required by this amendment.

The same requirement shall apply with respect to any previous contract, grant, OTA, and Cooperative Agreement that does or may entail an OCI and which OCI is relevant to this solicitation.

Under N00014-15-R-0005, Offerors shall address the following:

1) Identify of the entity the Offeror supports including identification of the prime contract, assistance agreement, grant, OTA or cooperative agreement. If no conflict exists, Offerors are required to state no conflict exists.

mailto:mary.dent@navy.mil

2) Identify the entity the Subcontractor or Consultant supports, including identification of the prime contract, assistance agreement, grant, OTA or cooperative agreement. If no conflict exists, Offerors are required to state no conflict exists.

3) Offerors and proposed subcontractors and consultants who respond in the affirmative to items 1 and/or 2 above shall also provide an organizational flow chart which identifies the roles of Government personnel and Offeror, subcontractor, and consultant, as appropriate, with respect to the requirement in which an actual or potential OCI exists.

4) Offerors and proposed subcontractors and consultants that respond in the affirmative to items 1 or 2 shall also provide a copy of the contract or agreement upon which the actual or potential OCI exists.

5) Offerors and proposed subcontractors shall disclose all facts relevant to the existence or potential existence of organizational conflicts of interest (FAR 9.5).

The disclosure shall include a description of the action the offeror has taken or proposes to take to avoid, neutralize, or mitigate such conflict. See Section D if a Mitigation Plan will be submitted.

6) At the conclusion of the disclosure of facts, the Offerors under N00014-15-R-0005 shall sign the below affirmative statement which shall be included with any additional documentation.

_________________________________________ (insert name), as an authorized negotiator on behalf of ____________________________________ (insert business name), certifies that he or she has identified ALL actual or potential Organizational Conflicts of Interest (OCI) under N00014-15-R-0005. Failure to identify and certify the existence of such OCIs shall result in the Offeror not being considered for award.

If no OCI exists, Offerors under N00014-15-R-0005 shall provide the following:

________________________________________ (insert name), as an authorized negotiator on behalf of ____________________________________ (insert business name), certifies that NO actual or potential Organizational Conflict of Interest (OCI) exist under N00014-15-R-0005. Failure to identify and certify there is no OCI shall result in the Offeror not being considered for award.

Offerors who, or documents submitted in response to this amendment that, fail to fully disclose actual or potential organizational conflicts of interests shall result in the Offeror being excluded from further consideration for award.

End of Section.

C. In Section III of the volume, offerors shall provide the following information. There is no limit on the page numbers for this Section.

Personal Conflicts of Interest (PCI)

All Offerors and proposed subcontractors and consultants must report whether any employee is performing acquisition functions closely associated with inherently governmental or critical functions for any United States Government agency, office or activity as defined in FAR 3.11.

Thus, any Offeror and proposed subcontractors and consultants who support any United States Government technical office(s) through an active contract, active subcontract, or active assistance vehicle (including assistance agreements, grants, Other Transactions Agreements (OTA), or Cooperative Agreements) that have, or potentially have, relevance to this solicitation and statement of work shall identify and define the PCI as required by this amendment. The same requirement shall apply with respect to any previous contract, grant, OTA, and Cooperative Agreement that does or may entail an OCI and which OCI is relevant to this solicitation.

1) Identify of the entity the Offeror supports including identification of the prime contract or assistance agreement.

If no conflict exists, Offerors are required to state no conflict exists.

2) Identify the entity the Subcontractor or Consultant supports, including identification of the prime contract or assistance agreement. If no conflict exists, Offerors are required to state no conflict exists.

3) Offerors and proposed subcontractors and consultants who respond in the affirmative to items 1 or 2 above shall also provide an organizational flow chart which identifies the roles of Government personnel and Offeror or subcontractor or consultant, as appropriate, with respect to the requirement in which an actual or potential OCI exists.

4) Offerors and proposed subcontractors and consultants who respond in the affirmative to items 1 or 2 shall also provide a copy of the contract or agreement upon which the actual or potential personal conflict of interest exists.

5) Offerors and proposed subcontractors shall disclose all facts relevant to the existence or potential existence of personal conflicts of interest.

The disclosure shall include a description of the action the offeror has taken or proposes to take to avoid, neutralize, or mitigate such conflict. See Section D if a Mitigation Plan will be submitted.

6) At the conclusion of the disclosure of facts, Offerors under N00014-15-R-0005 shall sign the below affirmative statement which shall be included with any additional documentation.

_________________________________________ (insert name), as an authorized negotiator on behalf of ____________________________________ (insert business name), certifies that he or she has identified ALL actual or potential Personal Conflicts of Interest (PCI) under N00014-15-R-0005. Failure to identify and certify such PCI shall result in the Offeror not being considered for award.

If no PCI exists, Prime Offerors under N00014-15-R-0005 shall provide the following:

_________________________________________ (insert name), as an authorized negotiator on behalf of ____________________________________ (insert business name), certifies that NO actual or potential Personal Conflict of Interest (PCI) exist under N00014-15-R-0005. Failure to provide this certification shall result in the Offeror not being considered for award.

Offerors who, or documents submitted in response to this amendment that, fail to fully disclose actual or potential personal conflicts of interests shall result in the Offeror being excluded from further consideration for award.

End of Section.

D. Determination(s) based on submitted information.

The Contracting Officer shall review all the information submitted in response to the requirements established in this Amendment. All such information and any other relevant information will be used by the Government to determine whether an award to the offeror may create an organizational conflict of interest. If found to exist, the Government may: (1) impose appropriate conditions which avoid such conflict, (2) disqualify the offeror, (3) determine that it is otherwise in the best interest of the Government to contract with the offeror by including appropriate conditions mitigating such conflict in the contract award, or (4) seek a waiver. If the Contracting Officer determines that an actual or significant potential conflict of interest exists that cannot reasonably be avoided, neutralized or mitigated, the offeror will be ineligible for award.

As stated above, the Offeror, including its subcontractor(s), affiliates, and consultants, shall state in its response to this Amendment whether it is aware of any information bearing on the existence of any actual or potential organizational conflict of interest (OCI) or personal conflict of interest (PCI). An OCI or PCI may exist if the offeror, its subcontractors, affiliates, and/or consultants are currently under contract to provide services to the Office of Naval Research. Other situations may also give rise to an OCI or PCI.

If the offeror represents that it is aware of circumstances that may hinder its ability to render impartial, technically sound, and unbiased assessments, recommendations, and/or evaluations; or that circumstances exist that may result in the appearance that it may have an unfair competitive advantage, the offeror shall provide a full disclosure statement as well as an OCI or PCI Mitigation Plan. The statement must describe in a concise manner all relevant facts concerning any past, present or currently planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the offeror has a possible organizational conflict of interest with respect to (1) impartial, technically sound, and unbiased assessments, recommendations, and/or evaluations, or (2) being given an unfair competitive advantage. Offerors should refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

The Mitigation Plan shall be submitted with the Offeror’s response to this Amendment, and, at a minimum, must address the following (there is no page limit for OCI or PCI Mitigation Plans):

1. Provide organization charts showing the Offeror’s corporate structure and highlight elements of the company participating in this solicitation and contract and for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

2. Demonstrate how the elements performing the proposed effort including, but not limited to, the management reporting chains will be isolated from the remainder of the company, and demonstrate the same for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

3. Provide information showing whether the organizational elements performing the proposed effort will be geographically or physically separated from the remainder of the company, and provide similar information for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

4. Describe the process for reassigning personnel, including subcontractors, from one organization to another. Include restrictions that apply. Provide similar information for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

5. Describe the process for employees that leave employment and any controls that are exercised over their future employment, particularly as it relates to OCI, PCI, and nondisclosure. Provide similar information for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

6. Describe any OCI training the Offeror’s employees are offered and/or required to attend, along with the timing (before or after starting work on Government contract) frequency, length and content of such training. Provide similar information for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

7. Disclosure of business activities, and all other activities, of the Offeror, its affiliates, team members and affiliates of team members that create either a conflict of interest or the appearance of a conflict of interest. Provide similar information for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

8. Provide evidence of facts and circumstances that the company believes mitigate or address concerns related to the appearance and/or presence of an OCI or PCI.

9. Describe and explain the Offeror’s approach to mitigating the effects of any apparent or actual conflicts of interest arising out of the business, or other, activities disclosed in response to the above. If none, so state. Provide similar information for any other solicitation or contract that contains or may contain the appearance of, or an actual OCI or PCI.

The Contracting Officer will review each Offeror’s certifications and statements and OCI or PCI Mitigation Plan submitted and may require additional relevant information from the offeror. All such information and any other relevant information will be used by the Government to determine whether an award to the offeror may create an organizational conflict of interest. If found to exist, the Government may: (1) impose appropriate conditions which avoid such conflict, (2) disqualify the offeror, (3) determine that it is otherwise in the best interest of the Government to contract with the offeror by including appropriate conditions mitigating such conflict in the contract award, or (4) seek a waiver. If accepted, the Mitigation Plan shall become part of the contract.

The refusal to provide the certification or disclosure or representation of any additional information as required shall result in disqualification of the offeror for award. The nondisclosure or misrepresentation of any relevant interest may also result in the disqualification of the offeror for award, or if such nondisclosure or misrepresentation is discovered after award, the Government may terminate the contract for default, recommend that the contractor be disqualified from subsequent related contracts, or be subject to such other remedial actions as may be permitted or provided by law. The attention of the offeror in complying with this provision is directed to 18 U.S.C. 1001 and 31 U.S.C. 3802(a) (2).

End of Section.

Except as amended herein, all other terms and conditions remain the same and unchanged under solicitation number N00014-15-R-0005.