Solicitation_Exhibit 1_NDS and OCI.pdf

EXHIBIT 1: ORGANIZATIONAL CONFLICT OF INTEREST (OCI) AND NON-DISCLOSURE (NDS) STATEMENTS

Organizational Conflict of Interest:

The U.S. Army Medical Research Materiel Command (USAMRMC) has categorized all service procurements into one of the following Three (3) as defined below, for purpose of identifying, avoiding or mitigating against Organizational Conflicts of Interests (OCIs) in accordance with (IAW) Federal Acquisition Regulation (FAR) Subpart 9.5. These categories are defined as follows:

Category 1 – USAMRMC Internal. 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 within subordinate directorates/Commands.

Category 2 - Program and/or Administrative Support. Services which assist 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, commercial off the shelf (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 USAMRMC 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 the United States Army Medical Research Institute of Infectious Diseases (USAMRIID) 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 USAMRIID requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.

For purposes of identifying, avoiding and mitigating against OCIs, USAMRIID will examine all its service requirements and acquisitions regardless of the cognizant contracting activity (e.g., U.S. Army Medical Research Acquisition Activity (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 IDIQ Contracts, competitively negotiated awards under FAR Part 15, etc.).

Each USAMRIID procurement solicitation will therefore be designated as falling within one of the three above defined categories. The work called for under this contract have been determined by USAMRAA to fall within the following USAMRMC OCI category: CATEGORY 3 – PRODUCT SUPPORT

Non-Disclosure Statement:

Non-Disclosure Agreement for Contractor Employees and Subcontractors I, _____________________, am an employee of or a subcontractor to [PRIME CONTRACTOR COMPANY NAME], a Contractor acting under Prime Contract No. [CONTRACT NUMBER], I understand that in the performance of this task, I may have access to sensitive or proprietary business, technical, financial, and/or source selection information belonging to the Government or other Contractors. This information includes, but is not limited to, cost/ pricing data; Government spend plan data; Planning, Programming, Budgeting and Execution (PPBE) documents and information, as defined in DoD Directive 7045.14; Contractor technical proposal data;

independent government cost estimates; negotiation strategies and Contractor data presented in negotiations;

contracting plans and statements of work. I agree not to use, discuss, divulge, or disclose any such information or data to any person or entity except those persons directly concerned with the use or performance of this delivery order. I have been advised that the unauthorized disclosure, use or negligent handling of the information by me could cause irreparable injury to the owner of the information. The injury could be source sensitive procurement information of the government or proprietary/trade secret information of another company.

I understand that the United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this agreement. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against me if I lose such action. I understand that another company might file a separate claim against me if I have misused its proprietary information.

In the event that I seek other employment, I will reveal to any prospective employer the continuing obligation in this agreement prior to accepting any employment offer.

The obligations imposed herein do not extend to information/data which is:

a. In the public domain at the time of receipt or it came into the public domain thereafter through no act of mine;

b. Disclosed with the prior written approval of the AFPMB designated Contracting Officer;

c. Demonstrated to have been developed by [PRIME CONTRACTOR COMPANY NAME], or me independently of disclosures made hereunder;

d. Disclosed pursuant to court order, after notification to the AFPMB designated Contracting Officer;

e. Disclosed inadvertently despite the exercise of the same reasonable degree of care a party normally uses to protect its own proprietary information.

I have read this agreement carefully and my questions, if any, have been answered to my satisfaction.

(Printed Name of Employee or Subcontractor) Date

(Signature) Organization

(Signature of Corporate Official) Date

(Printed Name of Corporate Official) (Printed Title –Task Manager or Higher)