Attch_0007_Army_EITaaS_Non-Govt_Advisors_NDA_Notice_2JULY2019.pdf

Attachment 0007 – Non-Government Advisors NDA 1 Version 1.0, 2 July 2019

Attachment 0007 Army Enterprise Information

Technology as a Service (EITaaS)

Non-Government Advisors Non-Disclosure Agreement

Notice

Solicitation Number: W15QKN-19-R-06JL

US Army Contracting Command – New Jersey, Innovative Concepts Contracting Center (ACC-NJ-IC) Attn: Mr. Christopher Fotiadis Agreements Officer Building 10, Phipps Road, Picatinny Arsenal, NJ 07806-5000 Office: 973.724.8543

2 July 2019

Attachment 0007 – Non-Government Advisors NDA 1

1.0 Purpose

The below information is provided to inform Offerors of the Government’s use of Advisors to support Enterprise Information Technology as a Service (EITaaS) Pilot Project with Advisory and Assistance Services (A&AS), located on-site with the Government Team.

2.0 Definitions

a. Non-Public and Proprietary Information – Any Government or third-party information that;

(1) Is exempt from disclosure under the Freedom of Information Act or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the Government has not yet determined whether the information can or will be made available to the public or

(3) All information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution.

b. Competition Sensitive Information – Information relating to the services to be performed by the EITaaS Agreement Awardee or, a Subcontractor or any of the Support Service Contractor under the EITaaS Pilot Project, the disclosure of which may give a contractor an unfair competitive advantage and undermine the integrity of the Government’s procurement.

3.0 Determination

The Government has determined that:

a. A contractor that provides systems engineering and technical direction for a system but does not have overall contractual responsibility for its development, its integration, assembly, and checkout, or its production shall not—

(1) Be awarded a contract to supply the system or any of its major components; or

(2) Be a subcontractor or consultant to a supplier of the system or any of its major components.

b. Systems engineering includes a combination of substantially all of the following activities: determining specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.

Technical direction includes a combination of substantially all of the following activities: developing work statements, determining parameters, directing other contractors’ operations, and resolving technical controversies. In performing these activities, a contractor occupies a highly influential and responsible position in determining a system’s basic concepts and supervising their execution by other contractors. Therefore, this contractor should not be in a position to make decisions favoring its own products or capabilities.

Attachment 0007 – Non-Government Advisors NDA 2

4.0 Notice of Advisor Support.

a. All Offerors for the Solicitation/Prototype Project Opportunity Notice (PPON) Number: W15QKN-19-R-06JL are advised that designated individuals from the firms identified below participated in the preparation of the Statement of Work and other requirements documents including, but not limited to, cost or budget estimates and will also serve as a nongovernment advisor supporting proposal evaluation(s). These individuals will be authorized access only to those portions of the proposal and discussions that are necessary to enable them to perform their respective duties. The firms identified below, as well as their parents, subsidiaries and affiliates may be prohibited from competing on this solicitation and/or providing any services or support to the contract(s) resulting from this solicitation:

Chenega Decision Services, LLC 19980 Highland Vista Drive Ashburn, VA 20147 Corp Point of Contact: Yohan Gipson Email: yohan.gipson@chenega.com

Logistics Management Institute 7940 Jones Branch Drive Tysons, VA 22102 Corp Point of Contact: Adele Navarrete Email: anavarrete@lmi.org

MITRE

7525 Colshire Drive McLean, VA 22102 Corp Point of Contact: Bob Orlosky Email: rorlosky@mitre.org

b. By direction of the Agreements Officer, the designated individual support contractors, affiliated with the above listed companies, have executed a Non- Disclosure Agreement (listing the Offerors proposing) that in summary, states the support contractor will:

(1) Have read, understand and will abide by the requirements of Section 27 of the Office of Federal Procurement Policy Act (41 USC 423)

(2) Affirm that there is no direct or indirect personal or family financial interest in the Offeror;

(3) Protect the Offerors proposal information from unauthorized use or disclosure for as long as it remains proprietary; and

(4) Refrain from using the proprietary information for any purpose other than that for which it was furnished.

mailto:yohan.gipson@chenega.com mailto:anavarrete@lmi.org mailto:rorlosky@mitre.org

Attachment 0007 – Non-Government Advisors NDA 3

5.0 Pre-award requirements.

All Offerors shall inform the Agreements Officer, prior to the submission of its proposal:

IF it or any of its affiliates possess or has access to any nonpublic information relevant to the current PPON Number: W15QKN-19-R-06JL provided by the Government, either directly or indirectly, then the Offeror shall advise the Agreements Officer of any actions that the Offeror proposes to take to resolve the situation.

IF a firewall has been used to mitigate the impact of access to nonpublic information, the Offeror represents, to the best of its knowledge and belief, that the firewall was implemented as agreed, and was not breached during the preparation of this Offer, then the Offeror shall submit a statement citing the Firewall Agreement separately to the Agreements Officer;

or, IF a firewall was not implemented or was breached, then the Offeror Shall provide additional explanatory information separately (from the proposal) to the Agreements Officer.

IF there was no access to or use of nonpublic information in the development of the proposal, there is no requirement to inform the Government.