Solicitation Attachment 4 - OCI Certification.docx

OCI CERTIFICATION

I, _____________________________________ certify that _______________________(company name)_________________ (contractor) and any of its Subcontractors do not have in existence one or more outstanding contracts with RDECs or PEOs related to products which require Army Test and Evaluation Command Test Center testing. Also, the contractor agrees that during the period of performance of this contract, the contractor shall not, participate as a Prime contractor, Subcontractor or consultant to the Prime contractor, in the development or production of any system assemblies, subassemblies, and associated equipment that undergoes test and evaluation at the Aberdeen Test Center without the prior written approval of the Contracting Officer. Furthermore, the contractor agrees to include an OCI Clause substantially the same as this one in all subcontracts.

The Contractor agrees, with respect to performance under this contract to abide by the following four (4) elements of Conflict of Interest provisions:

Provision 1. Proprietary Data Exclusions

1. If performance of work requires the Contractor to obtain data from another firm that is considered proprietary, the Contractor shall comply with DFAR 227.7103-7 and shall provide notification of the execution of a nondisclosure agreement to the Contracting Officer.

1. If performance of work requires the Contractor to obtain proprietary data from another firm, the Contractor shall not utilize that data outside the performance of this contract. The Contractor shall not be enriched by the utilization of competitor proprietary data in supplying any systems or components thereof, either as a Prime or Subcontractor with the Government, to a Prime Contractor, or as any level of Subcontractor.

1. The contractor agrees to enter into a written agreement with any firm whose proprietary data is used in connection with performance of the contract, to protect all proprietary information from unauthorized disclosure or use for as long as it remains proprietary, to furnish the Contracting Officer with executed copies of all such agreements, and to refrain from using any proprietary information in supplying to the Government goods or services, or for any purpose other than that for which it is intended. The contractor agrees that any data furnished by the Government to the contractor not generally available to other contractors shall be used only for performance under this contract, and all copies of such data shall be returned to the Government upon completion of the effort. Any data furnished by the Government containing trade secrets or commercial or financial data of other contractors shall be treated as proprietary data. Additionally, the contractor shall not disclose outside of the Government any test data, test results, or recommendations generated in the performance of this contract.

1. For the purpose of this requirement, proprietary data does not include data which is (i) known to the receiving party at the time of disclosure, (ii) in the public domain, or (iii) disclosed to the Contractor from another source without violation of the agreement required by subparagraph (a) above.

Provision 2. Performance Exclusions, Present Efforts

1. The Contractor shall not undertake performance of any contractual requirements which requires it to supply technical support regarding systems it has played any role in developing which are or will be subject to test by ATC until notice is provided to the Contracting Officer and written consent to proceed is issued by the Contracting Officer.

1. Failure of the Contractor to provide the notice required by subparagraph a may result in contract termination.

Provision 3. Performance Exclusions, Future Efforts

1. The Contractor shall not be eligible to supply to the Government any systems or components thereof which were the subject of test, evaluation or analysis under this contract for a period of two years, commencing with the date of final completion.

1. The above requirements shall be made part of any subcontract let by the Contractor for performance of this contract. The Contractor is responsible to ensure the compliance of its Subcontractor with these requirements.

Provision 4. The above requirements apply equally to all Subcontractors.

Should this contract be terminated in whole or in part at any time, then the above stated exclusions may be removed, at the discretion of the contracting officer with respect to the terminated portion.

For the purpose of this clause, the term contractor means the contractor, its subsidiaries, divisions, affiliates, joint venture involving the contractor, any entity with which the contractor may hereafter merge or affiliate, any teaming arrangement as Subcontractor, or any other successor or co-signee of the contractor.

The terms of this provision are not subject to negotiation.

Name (printed): _______________________________________________________

Signature: ____________________________________________________________

Company Name: _______________________________________________________

Date: ___________________________ Responsibility Determination Information for Organizational Conflict of Interest (OCI).

1. OCI is a responsibility matter that does not require discussions with all offerors for the contracting officer to request additional information to make an OCI determination. For purposes of efficiency and consistency, the information requested below shall be included in the offeror’s proposal submission.

2. Participation as a Prime or Subcontractor in a DOD systems development support contract has the potential to create an OCI for a contractor performing this ATC Test Support Services contract, depending on the scope of the DOD systems development support contract. This includes participation in contracts that provide support to DOD developers or program offices responsible for developing such systems.

3. The Prime contractor shall identify any current DOD systems development support contracts under which the Prime or any of its Subcontractors provide engineering or technical support to DOD developers or program offices responsible for developing systems that may ultimately be tested at ATC under this contract.

4. If either a Prime or a proposed Subcontractor supports a contract identified in paragraph 3 above, provide the following information.

f. If developmental, is ATC the testing and assessing organization for the outcome of developmental effort?

g. Disclose whether the Government entity supported has 100% decision authority over deliverables.

h. Explain whether an OCI is present and if so, what mitigation is proposed.