COI_clauses_and_provisions_for_SOL-HQ-12-00020.docx

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OSRTI Technical Assessment, Support, Outreach, and Training
Solicitation number
SOL-HQ-12-00020
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Draft Organizational Conflict of Interest clauses and provisions for forthcoming solicitation SOL-HQ-12-00020.

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Pre-Award Provisions

Section
Title
Description
K
Organizational Conflict of Interest (EPAAR 1552.209-72) (Apr 1984)
Offeror is to certify whether or not it is aware of any potential organizational COI.
L
Organizational Conflict of Interest Notification (EPAAR 1552.209-70) (Apr 1984)
Offeror is to certify that no potential COIs exist or to disclose such COIs.
L
Disclosure Requirements
Offeror is provided instructions on disclosing potential COIs, specifically any financial interest in proprietary technologies or approaches associated with RAC work, the sites which RAC work has been/will be conducted, or the pursuit of Brownfields Grant Opportunities for the BTSC.
L
Conflict of Interest Plan
Offeror is instructed to submit a COI plan for review.
M
Evaluation of Conflict of Interest Plan
Provision states how plans will be evaluated by the EPA.

Post-Award Clauses

Section
Title
Description
H
Organizational Conflicts of Interest (EPAAR 1552.209-71) (May 1994)
Clause requires contractor to notify Contracting Officer whether a COI exists prior to beginning any work and to make full disclosure of any COI that may arise during performance. The clause provides remedies for the EPA (termination for default or convenience) and requires the contractor to insert a similar clause in all subcontracts.
H
Notification of Conflicts of Interest Regarding Personnel (EPAAR 1552.209-73) (May 1994)
This clause is similar to 1552.209-71, above, except it relates to individual contractor employees rather than the organization as a whole.
H
Limitation of Future Contracting, Alternate V (Headquarters Support) (EPAAR 1552.209-74) (Apr 2004)
This clause restricts the contractor’s future contracts during the performance period plus an additional three (3) years after contract completion for attaining financial interest in site technology or proprietary approaches to RAC work. The contractor will agree not to evaluate its own practices when conducting site optimization, attain financial interest in any site technology or proprietary approach to RAC work, or pursue any Brownfields Grant Opportunities for the BTSC without prior authorization from the Contracting Officer.
H
Project Employee Confidentiality Agreement (EPAAR 1552.227-76)
This clause requires contractor employees to have confidentiality agreements to ensure that sensitive data is not released publicly without EPA approval.
Attach-ment
Task Order Conflict of Interest Certification (EPA-H-09-106)
Although EPAAR 1552.209-71 does require the contractor to certify there are no COIs prior to initiating any work, this clause will clearly state that a certification be submitted with each task order proposal.
Attach-ment
Revisions to Organizational Conflict of Interest Plan
This clause requires the contractor to provide a copy of the COI plan every time it is updated.
Attach-ment
Minimum Standards for EPA Contractors’ Conflict of Interest Plans
This attachment provides details on what must be in the offeror’s COI plan to be found adequate. This attachment will become part of the resultant contract so that the contractor can refer to it when revising the plan during contract performance.

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