PWS for W81XWH20Q0105 revised 13 Aug 2020.pdf

PERFORMANCE WORK STATEMENT (PWS)

Title: Verification, Validation, and Accreditation of the Medical Cost Avoidance Model

Requiring Activity Name: U.S. Army Public Health Center (APHC)

1. INTRODUCTION

The U.S. Army Public Health Center (APHC) is part of the U.S. Army Medical Command (MEDCOM) and focuses on epidemiology, laboratory sciences, occupational health sciences, public health information and toxicology to enhance Army readiness and assure the quality and effectiveness of Army’s Public Health Enterprise. Ensuring high-quality services is an imperative of the US Army Medical Command (MEDCOM) as it strives to become a high-reliability organization (HRO).

The Medical Cost Avoidance Model (MCAM) is a web accessible application that provides decision makers the information needed to make better informed risk management decisions based on anticipated cost avoidance benefits for lowering the risk of occupational health and safety hazards. The MCAM predicts medical associated costs (treatment, lost time, disability, fatality, and training replacement) using Military Health System medical cost data, military personnel cost data, and Department of Veterans Affairs disability compensation data. The MCAM has two analysis functions: Hazard Analysis and International Classification of Diseases (ICD) Analysis. The Hazard Analysis uses the concepts of risk assessment, considering hazard severity and hazard probability as cost factors in calculations developed to predict estimated cost avoided for mitigation of occupational and safety hazards over the life of materiel systems. The ICD Analysis is designed to provide the return on investment for preventative programs/projects that prevent injury and illness using associated medical costs for specific diagnosis codes. The website for the MCAM is as follows:

https://phc.amedd.army.mil/topics/workplacehealth/hha/Pages/Medical-Cost-Avoidance-Model.aspx

2. PURPOSE AND BACKGROUND

The mission of the APHC is to “Enhance Army readiness by identifying and assessing current and emerging health threats; developing and communicating public health solutions; and assuring the quality and effectiveness of the army’s public health enterprise.”

According to the DoD Instruction 5000.61, DoD Modeling and Simulation Verification, Validation, and Accreditation (VV&A), and Army Regulation 5-11, Management of Army Modeling and Simulation, all models are required to go through a VV&A. The MCAM application is the graphic user interface of a health economic (cost) model; therefore, it is required to undergo a VV&A. The purpose of a VV&A is to assure the development of correct and valid models and to provide model users with sufficient information to determine if the model can meet their needs. VV&A processes are performed to establish the credibility of models, which is dependent upon the model’s usability and correctness in addition to the level of confidence that its data and algorithms are sound and properly implemented. Each of the three interrelated but distinct processes, Verification, Validation, and Accreditation, gather and evaluate evidence to determine whether a model should be used in a given situation and establishes its credibility. The Department of the Army (DA) Pamphlet 5-11, VV&A of Army Models and Simulations describes each of the three distinct processes involved in a VV&A. Documentation requirements for the VV&A are outlined in Military Standard (MIL-STD) 3022, Documentation of VV&A Models and Simulations.

3. SCOPE

The APHC requires a VV&A of the MCAM as described in DA Pamphlet 5-11 and documented according to the MIL-STD 3022. The vendor will act as the Verification and Validation (V&V) Agent and Accrediation Agent as described in the DA Pamplet 5-11. As the V&V Agent, the vendor will to be expected to conduct a V&V of the

MCAM as described in DA Pamplet 5-11 and provide the V&V Plan outlining the V&V methodology, data requirements, and approach followed by the V&V Report providing the findings of the V&V. As the Accreditation Agent, the vendor will be expected to conduct an accreditation assessment of the MCAM as described in DA Pamphlet 5-11 and provide the Accreditation Plan outlining the assessment criteria, methodology, and resources needed for the accreditation assessment followed by the Accreditation Report that provides results of the accreditation assessment and recommendations in support of an accreditation decision. The documentation required for the VV&A will done as outlined in the MIL-STD 3022.

3. PERIOD OF PERFORMANCE

The periods of performance for this contract are as follows:

Base Period 1 August 2020 – 31 July 2021

Option Year 1 August 2021 – 31 July 2022

4. WORK SCHEDULE AND LOCATION

4.1. Work Location

The work location for this requirement is at the Contractor’s office location. . There is no onsite support for this requirement.

4.2. Federal Holidays

4.2.1. The contractor shall not perform services on days designated as a Federal Holiday by Federal Status, Executive Order, Presidential Proclamation or Installation Commander

4.2.2. Federal holidays are an exception to the regular duty hours. Any of the holidays listed below falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday. The following is a list of legal federal holidays that services shall not be performed

The following are Federal Holidays:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

4.3. Work Schedule

The contractor shall provide support from 0745 to 1630 Eastern Time – Monday through Friday.

5. PERFORMANCE REQUIREMENTS

5.1. Objectives

Objective 1 – Conduct a V&V of the MCAM in accordance with the guidelines of DA Pamphlet 5-11 using government provided information (data inputs, algothryms, calculations, and model outputs) and MCAM application located on the APHC Extranet. The government provided information and access to MCAM application will be provided by the COR. .

Objective 2 – Conduct an Accreditation assessment of the MCAM in accordance with the guidelines of DA Pamphlet 5-11 using government provided information (data inputs, algothryms, calculations, and model outputs) and MCAM application located on the APHC Extranet. The government provided information and access to MCAM application will be provided by the COR.

5.2. Specific Tasks / Requirements

Objective 1: Key Task 1 –Perform the duties of a Verification and Validation (V&V) Agent to conduct a V&V of the MCAM as prescribed in DA Pamphlet 5-11.

Objective 1: Key Task 2 – Develop a V&V Plan (Deliverable 3), which defines the methodology for scoping the V&V effort to the MCAM and the acceptability criteria; defines the V&V tasks to that will produce information to support the accreditation assessment; defines the resources needed to perform the V&V; and identifies issues associated with performing the V&V. The plan will be provided to the Contractor Officer Representative (COR) electronically no later than 6 months from the date of award in the format prescribed in MIL-STD 3022.

Objective 1: Key Task 3 – Provide the V&V Report (Deliverable 3), which documents the results of the V&V tasks; documents assumptions, capabilities, limitations, risks, and impacts; identifies unresolved issues associated with V&V implementation; and documents lessons learned during V&V. The report will be provided to the COR electronically no later than 60 days prior to the end of the period of performance in the format prescribed in MIL-

STD 3022.

Objective 2: Key Task 1 – Perform the duties of an Accreditation Agent to conduct an accreditation assessment of the MCAM as prescribed in DA Pamphlet 5-11.

Objective 2: Key Task 2 – Develop an Accreditation Plan (Deliverable 5), which defines the criteria to be used during the accreditation assessment; defines the methodology to conduct the accreditation assessment; defines the resources needed to perform the accreditation assessment; and identifies issues associated with performing the accreditation assessment. The plan will be provided to the COR electronically no later than 6 months from the date of award in the format prescribed in MIL-STD 3022.

Objective 2: Key Task 3 –Provide the Accreditation Report (Deliverable 6), which documents the results of the accreditation assessment; documents the recommendations in support of the accreditation decision; and documents lessons learned during accreditation. The report will be provided to the COR electronically no later than 60 days prior to the end of the period of performance in the format prescribed in MIL-STD 3022.

5.3. Management Reports and Plans

Monthly Report (Deliverable 1). The contractor shall provide a monthly report detailing all work, including the subcontractor’s work, and where there is critical or significant data related to the provided support. The report shall include a detailed list of all hours worked and workload accomplished, to include but not limited to, a list of equipment serviced and writing assignments in support of all tasks.

Contract Manpower Reporting Application (CMRA) (Deliverable 2). This is a mandatory requirement IAW Army Federal Acquisition Regulation Supplement (AFARS) 5137.91, Accounting for Contract Services.

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://www.beta.sam.gov starting at the end of FY20, ECMRA has been decommissioned effective June 19, 2020.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at: https://www.beta.sam.gov starting at the end of FY20, ECMRA has been decommissioned effective June 19, 2020

The contractor shall register under the "All Other Defense Components" module. The USAPHC Unit Identification Code (UIC) is W23WMP.

*The Office of the Secretary of Defense has issued a Memorandum dated 16 October 2019 which removes the requirement for contractors to report manpower data into the eCMRA system at https://www.ecmra.mil, beginning 1 Oct 2019. It is anticipated, however, that contractors shall be required to report similar manpower data to https://beta.sam.gov beginning sometime within the next year. Currently, there is no reporting requirement or transition plan but the contractor shall perform the documentation/tracking required demonstrating an understanding that manpower data reporting shall be required for the performance of this contract.*

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/.

The contractor shall register under the "All Other Defense Components" module. The APHC Unit Identification Code (UIC) is W23MWP.

ANTITERRORISM/OPERSATION SECURITY

Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office.Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal Identity Verification of Contract Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force ProtectionCondition (FPCON) at any individual facility or installation change, the Gov ernment may require changes in contractor security matters or processes.

For contractors requiring CAC. Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to Government information systems. All contractor employees with access to a Government info system must be registered in the ATCTS at commencement of services and must successfully complete the DoD Information Assurance Awareness prior to access to the information system and annually thereafter.

For IA/IT training. All contractor employees and associated subcontractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M, and AR 25-2 within six months of appointment to IA/IT functions.

6. DELIVERABLES

The contractor shall complete and submit deliverables in accordance with the “Deliverables Table” below. Unless specified in the PWS within the description of the deliverable, all deliverables will be made to the COR electronically.

DELIVERABLES TABLE

PWS Ref. Number Title/Description Due

6.3 1

Monthly Report - detailing all work, including the subcontractor’s work, and where there is critical or significant data related to the provided support.

The report shall include a detailed list of all hours worked and workload accomplished, to include but not limited to, a list of equipment serviced and writing assignments in support of all tasks.

The initial report is due 45 days after contract award and monthly thereafter.

6.3 2

Contract Manpower Reporting Application - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil

All data shall be reported no later than October 31 of each calendar year.

6.2 3 V&V Plan – The contractor shall develop a V&V plan in accordance with DA Pamphlet 5-11 and

MIL-STD 3022.

No later than 6 months after contract award.

6.2 4 V&V Report – The contractor shall provide a V&V report in accordance with DA Pamphlet 5- 11 and MIL-STD 3022.

No later than 60 days prior to the end of the period of performance.

6.2 5 Accreditation Plan- The contractor shall develop and provide an Accreditation plan in accordance with DA Pamphlet 5-11 and MIL-STD 3022.

No later than 6 months after contract award.

6.2 6 Accreditation Report – The contractor shall provide an accreditation report in accordance with DA Pamphlet 5-11 and MIL-STD 3022.

No later than 60 days prior to the end of the period of performance.

6.1. Reports and Documents

Reports and documents delivered by the contractor in the performance of this contract shall be considered Technical Data. All documentation shall reflect the latest version of the work product or activity, unless specifically directed otherwise by the Government. All documentation shall be prepared in accordance with (IAW) standard industry practices, ensuring electronically produced documents which reflect logical flow of material, tables of contents indexes and page numbering. Where applicable, the contractor’s attention is called to the availability of commercial, industry, federal, and military guides, instructions, and standards for many of the topics addressed in this PWS and under this contract.

6.2. Inspection and Acceptance

The COR delegated oversight of specific technical, functional and oversight responsiblities is responsible for inspection and acceptance of all services, incoming shipments, documents, and services.

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the performance standards contained in the Performance Work Statement and all terms and conditions of this order, including all modifications.

8. PERFORMANCE REQUIREMENTS SUMMARY MATRIX

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance in relation to performance objectives. The Government will finalize the QASP immediately following award, and the COR will provide a copy of the final QASP to the contractor. The QASP is a living document and may be updated by the Government as necessary.

The Government will use the following performance requirements to measure the performance of the contractor.

The contractor shall meet the Performance Objective(s) and Acceptable Quality Level(s) within the “Performance Requirements Summary Matrix” (PRS Matrix).

PERFORMANCE REQUIREMENTS SUMMARY MATRIX

PWS

Ref.

Performance Objective

Performance Standard

Acceptable Quality Level

Performance Measurement

Incentive

1 6.2 Delivery of V&V plan

A V&V plan in accordance with DA Pamphlet 5-11 and MIL-STD 3022.

>95% COR receipt of the V&V Plan

2 6.2 Delivery of V&V Report

A V&V report in accordance with DA Pamphlet 5-11 and MIL-STD

>95% COR receipt of the V&V report

3 6.2 Delivery of accreditation plan

An accreditation plan in accordance with DA Pamphlet 5-11 and MIL-

STD 3022.

>95% COR receipt of the accreditation plan

4 6.2 Delivery of accreditation report

An accreditation report in accordance with DA Pamphlet 5-11 and MIL-STD 3022.

>95% COR receipt of the accreditation Report

8. Contract Management

8.1. Government Management

The Contracting Officer’s Representative (COR) for this contract will be appointed by the Contracting Officer (KO). The COR will serve as the primary point of contact for all activities and issues that occur under this contract. Only the KO has the authority to enact changes to this award.

8.2. Contractor Management

The contractor shall designate a single Program Manager (PM) to be the contractor’s authorized point of contact (POC) with the COR. The PM will be responsible for formulating and enforcing performance standards, assigning contractor schedules, reviewing performance quality, communicating policies, purposes, and goals to subordinates. This will include coordination with the KO and the COR to resolve any issues that may arise, trends relating to the contract, or proposed changes or modifications to the contract.

8.3. Contractor Organization

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor shall ensure that all contractor personnel are advised of their chain of command and who they should contact if they have questions.

9. COMPLIANCE DOCUMENTS

9.1. General Compliance

9.1.1. Federal Law

The services provided under this contract must be conducted in accordance with all Federal law, Department of Defense (DOD), Department of the Army (DA) and Medical Command (MEDCOM) laws and command laws, regulations, policies, and procedures that govern the conduct of regulated research.

Federal regulations governing regulations for human subject’s protection are found in 45 CFR 46. The International Convention on Harmonization Guidelines for Good Clinical Practice is the standard governing the conduct of research trials. References for military regulations and policies governing regulated research may be found at https://mrmc.amedd.army.mil/rodorphrpo.asp.

9.1.2. DoD Compliance Documents

A complete list of Department of Defense compliance documents providing specifications, standards, or guidelines can be found at http://www.dtic.mil/whs/directives/corres/dir.html

A complete list of Department of Defense compliance documents providing specifications, standards, or guidelines can be found at http://www.dtic.mil/whs/directives/corres/dir.html

a) Army Regulation 340-21, Army Privacy Program.

http://www.army.mil/usapa/epubs/340_Series_Collection_1.html

b) Army Regulation 25-2, Information Assurance.

c) Title 21, CFR Part 11 Electronic Records: Electronic Signature.

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=11

10. OTHER TERMS, CONDITIONS, AND PROVISIONS

10.1. Invoices

The contractor shall submit invoices monthly to Wide Area Work Flow (WAWF) with sufficient documentation to provide certification of invoice.

The contractor is responsible for properly preparing and forwarding to the appropriate Government official, the invoice and receiving report for payment. The contractor shall attach back up information to receiving reports for direct labor and Other Direct Costs (ODCs). Direct labor backup information shall reflect the person’s name, job title and quantity of hours worked for each pay period at a minimum. Backup information for ODCs shall list all elements of costs, such as travel breakout backup, including itinerary, dates of travel, name of employees traveling plus per diem costs shall accompany the receiving report. Equipment purchases are not authorized under this contract. The Wide Area Workflow – Receipt and Acceptance application is the required method of submission.

Where applicable, contractor will include additional ODC invoice details as required per protocol for any volunteer payments in support of this PWS.

10.2. Dissemination of Information/Publishing

There shall be no dissemination or publication, except within and between the Contractor and any Sub Contractors or specified Integrated Product/Process Team (IPT) members who have a need to know, of information developed under this order or contained in the reports to be furnished pursuant to this order without prior written approval of the COR or the Contracting Officer.

10.3. Contractor Identification

The Contractor shall ensure that Contractor personnel identify themselves as Contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts. Contractors may not use or allude to former or current military rank during the performance of this work.

10.4. Attendance at Meetings

Contractor personnel may be required to attend meetings or otherwise communicate with Government and/or other contract or assistance agreement representatives to meet the requirements of this order. Contractor personnel shall make their contractor status known during introductions.

10.5. Data Rights

All data received, processed, evaluated, loaded, and created as a result of this contract shall remain the sole property of the Government and shall be returned to the Government at the conclusion of the contract, unless the KO grants a specific exception.

Compliance with Relevant DoD, Service, and Institutional Policy Regulations.

The Contractor shall comply with HIPAA and all relevant DoD/USG regulations for collection, storage, and transfer of sensitive data and PHI. In addition, the Contractor will comply with all requirements for communication of findings and publication in the scientific peer reviewed literature (e.g. Public Affairs clearance and Operational Security clearance for dissemination).

11. ATTACHMENTS

Attachment 1 – Acronyms List Attachment 2 – Organizational Conflict of Interest

ATTACHMENT 1 – ACRONYMS LIST

Acronym Definition

AFARS Army Federal Acquisition Regulation Supplement

AKO Army Knowledge Online

APHC Army Public Health Center

AT OPSEC Antiterrorism and Operational Security

CAC Common Access Card

CFR Code of Federal Regulations

CONUS Continental United States

COR Contracting Officer Representative

DFARS Defense Federal Acquisition Regulation Supplement

DoD Department of Defense

FAR Federal Acquisition Regulation

FPCON Force Protection Condition

GFE Government Furnished Equipment

GFI Government Furnished Information

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States

OPSEC Operational Security

PWS Performance Work Statement

QASP Quality Assurance and Surveillance Plan

SHARP Sexual Assault Prevention and Response Program

SOP Standing Operating Procedure

UIC Unit Identification Code

US United States

WAWF Wide Area Work Flow

ATTACHMENT 2: ORGANIZATIONAL CONFLICT OF INTEREST

The APHC has categorized all service procurements into one of the following three categories as defined below, for the purpose of identifying, avoiding or mitigating against Organizational Conflicts of Interests (OCI) in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 9.5. These categories are defined as follows:

• Category 1: Command Wide Internal Support: Services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating. Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts with subordinate directorates/Commands.

• Category 2: Program Management Support: Services which assist APHC in planning and managing an organization’s activities and programs. These include, for example: requirements analysis, acquisition support, budget planning and management, business process reengineering, program planning and execution support, and independent technical management support. Services would be characterized as having access to only Directorate or Subordinate Command level procurement sensitive information or work that would have little influence on follow-on requirements or requirements of other directorates/Subordinate Commands.

• Category 3: Product Support. Services or end items required to meet the mission requirements of the organization’s activities and programs. These include, for example: concept exploration and development, system design, system development and integration, COTS procurement and integration, internal development testing, deployment, installation, operations, and maintenance. Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

Contractor participation in more than one of these areas may give rise to an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information. Furthermore, Contractor participation in more than one area may give rise to a real or apparent loss of Contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.

The purpose of this categorization is to accomplish the following three objectives: (1) to inform prospective Offerors that APHC presumes that award of a contract or order in the subject category will give rise to real or apparent OCIs with respect to requirements in the other two categories; (2) to assist current Contractors and prospective Offerors in developing their own business strategies regarding participation in APHC requirements and in identifying and, where possible, avoiding or mitigating against OCIs; and (3) to ensure that all current Contractors and prospective Offerors are afforded the maximum practicable opportunity to compete for all USAMRMC requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.

For purposes of identifying, avoiding and / or mitigating against OCIs, APHC will examine all its non-purchased care requirements and acquisitions regardless of the cognizant contracting activity (e.g., USAMRAA, GSA, other agency Multiple Award Schedules, etc.) or the type of contract vehicle used (e.g., FSS order, Fair Opportunity competitive order under Multiple Award ID/IQ Contracts, competitively negotiated awards under FAR Part 15, etc.).

Each APHC non-purchased care solicitation will therefore be designated as falling within one of the three above defined categories. The work called for under this contract / order has been determined by APHC to fall within the following non-purchased care OCI category:

Category 2: Program Management Support

APHC will administer this clause for purposes of award eligibility for each solicitation as follows:

An Offeror that has never provided support to APHC in any of the categories is eligible for award in any category without any further action required under this clause.

An Offeror that provides or has provided support to APHC in only one category of work and has never supported APHC in any other category (a single-category Contractor) is eligible for award for any future requirement in that single category without further action under this clause.

A single-category Offeror/Contractor wishing to submit an offer in a different category, or any Offeror/Contractor which now provides or previously has provided support in more than one category, must include the following as part of its offer:

• Perform a comparative analysis of the potential new work against all current and previous work performed in support of APHC in any category other than that of the new work being offered. The comparative analysis must be included in the proposal for the new work, and must include a statement certifying whether the Contractor believes that its performance of the proposed new work would create a real or apparent OCI. If the Contractor believes that no real or perceived OCI will result from an award of the proposed work, no additional action by the Contractor is required.

• If the Offeror/Contractor believes that a real or apparent OCI may exist as a result of an award, the Contractor shall also submit an OCI Avoidance or Mitigation Plan with its proposal.

Inclusion of the comparative analysis and OCI Avoidance or Mitigation Plan will not be counted against any offer page limitations otherwise stated in the solicitation.

The Contracting Officer (and when applicable the appropriate program office, acquisition manager, and legal counsel) will review the comparative analysis and, if provided, the Avoidance or Mitigation Plan, in accordance with the requirements of FAR Subpart 9.5 (Organizational Conflict of Interest) to determine whether award to that Offeror would be consistent with those requirements. If it is unilaterally determined by the Contracting Officer that no OCI would arise or that the OCI Avoidance or Mitigation Plan adequately protects the interests of the government in the event of award to that Offeror, the Offeror will be determined, for purposes of this clause, to be eligible for award. If the Contracting Officer reasonably determines that a Contractor has not provided either a comparative analysis or avoidance/mitigation plan, or both, or that the analyses or plan provided is inadequate, sanctions including elimination from the award process, or termination of the related contract effort already awarded, as well as other appropriate sanctions will be considered.

If the Offeror/Contractor knows of no OCI in accepting work under this contract, it shall certify its OCI status and submit the certification at the end of this clause with its proposal and any later award, if awarded the contract. The Contractor shall also obtain a similar certification of OCI status from all subcontractors, teaming partners or consultants prior to tasking any such party under this contract. The Contractor shall appropriately modify and include this clause, including this paragraph, in all consulting agreements and subcontracts of any tier to preserve the rights of the Government.

For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract, disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by law or this contract.

Prior to a contract modification involving a change to the Statement of Work, or an increase in the level of effort or extension of the term of the contract, the Contractor shall submit any applicable organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

The Offeror/Contractor should review the considerations below in determining whether or not a conflict of interest exists.

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have Unequal Access to Information? Would award to the Offeror result in the Offeror having the opportunity to access nonpublic information that may give the Offeror a competitive advantage in a later competition for a government contract? Specifically, will the Offeror/Contractor have access to any of the following information:

o Budget(s), or Budget Information?

o Acquisition Sensitive Information related to the procurement process to include, but not limited to Acquisition Plans, Requirements, Statements of Work, or Evaluation Criteria?

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have “impaired objectivity” because the Offeror’s ability to render impartial judgments may be compromised because of its conflicting role(s) on this effort and other government contracts?

• Do “biased ground rules” exist? Most commonly, this would include a situation where the Offeror has, as a government Contractor, written specifications or a statement of work for this effort, which could skew competition in favor of itself?

• Is the Offeror aware of any other information relating to this proposed contract/order, which could reasonably be construed as creating an OCI?

The Offeror/Contractor hereby certifies to the best of its knowledge its OCI status below:

(Offeror: Choose one of the following two statements. Indicate which one applies by placing an X in the box to the left of the statement.)

No real or perceived OCI, as defined in FAR 2.1 and discussed in FAR 9.5, will result from an award of the proposed work (there are no ‘Yes’ responses to the questions above).

A real or apparent OCI may exist as a result of an award and therefore an appropriate OCI Avoidance or Mitigation Plan is attached (Offeror shall include an appropriate OCI Avoidance or Mitigation Plan, as required by this clause, with its quote to the Contracting Officer).

Upon award the Contractor agrees that it will provide timely OCI training to all employees and subcontractor employees working on this effort, which will include emphasis on how work performed by Contractor employees (either prime Contractor, subcontractor, or other teaming partners) under one APHC OCI category can exclude the Contractor as well as its teaming partners from performing related tasks under a different OCI category of work.

____________________________ (Signature) ____________________ (Date)

____________________________ (Printed Name) ____________________ (Title)