DraftCOIs.docx

DRAFT COI REQUIREMENTS

The following information is the DRAFT Conflict Of Interest (COI) Requirements- The Request for Proposal (RFP) will include the final version of the COI requirements in the applicable COI clauses. This information is provided for INFORMATIONAL PURPOSES ONLY.

Because of the nature of the PWS requirements, the program anticipates that offerors with the expertise to perform these requirements could also have relationships (e.g., a parent/subsidiary/sister company affiliation, or an existing contractual relationship) which presents the potential for significant organizational conflicts of interest. It is EPA's contention that a potential organizational COI would exist if award were made to firms within the following groups:

a. Entities which own or operate a drinking water or wastewater facility.

In accordance with the PWS, any regulations or environmental oversight resulting from outcomes produced under this contract could have a direct impact on the wastewater process techniques or methods employed by these firms.

If the contractor is or owns a business of this type (or has a business relationship with such an entity), the contractor could either profit or suffer a financial loss from selection or elimination of one or more of those options. Accordingly, entities within this group may be hesitant to provide information about its operations and/or seek to manipulate requested data that could be used to influence regulatory decision-making where it is perceived that EPA actions could have a negative bearing on their financial interests. This scenario will be monitored at post award with issuance of each work assignment in conjunction with the contractor’s COI certification.

b. Entities which manufacture chemicals and/or equipment used for the treatment of water or control of water pollution.

In accordance with the PWS, it is foreseeable that firms within this classification could gain an unfair competitive advantage in their respective markets with advance knowledge of EPA’s potential enforcement and regulatory actions. Further, firms within this classification could bias results in order to favor their treatment processes. Therefore, there is the potential for a conflict of interest which could prevent the contractor from performing the task in an objective, unbiased way. This scenario will be monitored at post award with issuance of each work assignment in conjunction with the contractor’s COI certification.

c. Entities which are pesticide and agricultural chemical producers.

In accordance with the PWS, any regulations or environmental oversight resulting from outcomes produced under this contract could have a direct impact on the acceptable levels of pesticides and agriculture chemicals in water. Accordingly, firms within this group may be hesitant to provide information about its operations and/or seek to manipulate requested data that could be used to influence regulatory decision-making where it is perceived that EPA actions could have a negative bearing on their financial interests. This scenario will be monitored at post award with issuance of each work assignment in conjunction with the contractor’s COI certification.

d. Entities which are waste water management/waste disposal firms.

In accordance with the PWS, it is foreseeable that firms within this classification could gain an unfair competitive advantage in their respective markets with advance knowledge of EPA’s potential enforcement and regulatory actions. Further, firms within this classification could bias results in order to favor their treatment processes. This scenario will be monitored at post award with issuance of each work assignment in conjunction with the contractor’s COI certification.

(e) Section H of the solicitation will also include the clause entitled LIMITATION OF FUTURE CONTRACTING (LOFC) (Headquarters Support), (EPAAR 1552.209-74, Alt V), Paragraph (c) which states, “The contractor, during the life of this contract, will be ineligible to enter into business or financial relationships which would support or affect any efforts to overturn or circumvent limitations, regulations, guidelines, standards, and/or criteria relating to the Safe Drinking Water Act, and the Clean Water Act, for which it has provided, is providing, or has work assignments to provide technical and administrative support under this contract, without prior written authorization from the cognizant EPA Contracting Officer.” The restriction shall be in effect during the life of the contract.