ATTACHMENT_0011_--_NDA.pdf

SOURCE SELECTION PARTICIPATION AGREEMENT FOR PERSONNEL INVOLVED

IN ACQUISITION/SOURCE SELECTION CONCERNING CONFLICTS OF INTEREST,

NONDISCLOSURE AND STANDARDS OF CONDUCT

FOR SOLICITATION NUMBER W52P1J-16-R-0135

IMPORTANT! This agreement concerns a matter within the jurisdiction of a United States Government Agency. This agreement prohibits you from making false, fictitious, or fraudulent statements and/or certifications. If you do so, you may be subject to prosecution under 18 U.S.C. 1001.

NAME _________

(Hereinafter referred to as "you" or “your”)

DATE APPOINTED_______________________________________________

AGREEMENT

a. This agreement applies to individuals involved in the above-referenced solicitation. This agreement applies to your service as __________________________.

(e.g., Source Selection Evaluation Board member)

b. This agreement contains the rules of conduct for the procurement associated with the above referenced competition. It includes rules of conduct regarding conflicts of interest, as well as rules of conduct regarding the safeguarding of confidential information.

c. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress,

(3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

d. Your signature on this agreement indicates that you have read this agreement and agree to be bound by its terms.

CONFLICTS OF INTEREST

By signing this agreement, you agree to avoid conflicts of interest. This means that:

a. Neither you, your spouse, your dependent child(ren), general partner, nor organization in which you are serving as officer, director, trustee, general partner or employee, or any person or organization with whom you are negotiating or have any arrangement concerning prospective employment, have any direct or indirect financial interest or any other beneficial interest:

(1) In any firm on the list of potential offerors or which has otherwise expressed an interest in the acquisition (if this certification is made prior to receipt/opening of proposals). These firms include, but are not limited to, the respondents to Market Research, which are as follows:

Mast Technology State Hwy 7 & Hwy 78 Independence, MO 64056 816-796-0480

American Ordnance (AO) 17575 Hwy 79 Middletown, IA 52638 319-753-7725

Dolarian Capital, Inc.

1284 W Shaw Avenue, Suite 102 Fresno, CA, 93711 540-604-0198

Extreme Tactical, Inc. (ETI) 5692 John Givens Road, Suite B Crestview, FL 32539 850-800-6006

Hertenberger Defence System GmbH & Co KG (HDS)

Leobersdorfer Strasse 31-33, 2552 Hirtenberg, Austria 1686N +43 664-967-4617

Indiana Ordnance, Inc. (IOI) 901 W 21st Street Connersville, Indiana 57331 765-825-7527

Skill Metric Machine and Tool, Inc 1424 Gwenzell Avenue Delray Beach FL 33444 564-454-8895

Day & Zimmerman

Hwy 82 West Texarkana, TX 75505-9100 903-255-2807

Nammo Pocal, Inc.

100 Electric Street Scranton, PA 18509 570-961-1999

General Dynamics Ordnance and Tactical Systems Canada(GD-OTS) 5 Montee des Arsenaux Repetigny, Quebec, Canada 727-578-8127

Spectra Technologies LLC PO Box 3355 East Camden, Arkansas 71711 870-574-2555

Capco, LLC 1328 Winters Avenue Grand Junction, CO 81501 970-243-8480 x.126

(2) In any of the firms submitting proposals in response to the above-referenced solicitation referenced on the first page of this agreement or their proposed subcontractors (if this certification is made subsequent receipt/opening of proposals):

and

b. You, your spouse, and dependent children agree not to acquire any direct or indirect financial interest or any other beneficial interest in an actual competing contractor on this procurement during the source selection process.

c. *You are not related to anyone, by blood or by marriage (apart from persons referred to above), nor do you have a close personal relationship, nor business associate(s), who are employed by or who have a direct or indirect financial interest or any other beneficial interest in the firms who are a potential or actual competing contractor on this procurement. Please note any exceptions to this below:

*The listing of interests or activities in c above does not mean that the employee cannot participate in the acquisition/source selection process. The effect of the interests/activities will be determined by the Chairperson of the Source Selection Advisory Council (SSAC) or Chairperson of the Source Selection Evaluation Board (SSEB), as set out in the Source Selection Plan, after consultation with legal counsel.

d. You understand that if you intend to contact, or are contacted by, a person who is an officer, employee, representative, agent, or consultant of a competing contractor regarding possible non-Federal employment you are required to comply with provisions of the FAR 3.104 and DoDD 5500.7-R. Under these provisions you are required to promptly report the contact in writing to your supervisor and ethics counselor and either reject the possibility of non-Federal employment or disqualify yourself from further participation in the procurement.

e. You agree not to ask for, demand, exact, solicit, or seek, whether directly or indirectly, any money, gratuity, or other thing of value from any officer, employee, representative, agent, or consultant of any competing contractor on this procurement. If a competing contractor offers you a gift, you will ensure that its acceptance is permissible under the provisions of DoDD 5500.7-R, 5 C.F.R. Part 2635, et seq., and its acceptance will not violate any statute. You recognize that it is never inappropriate and frequently prudent to decline a gift offered by a competing contractor or given to you because of your official position. You will advise your family that the acceptance of a gratuity for those who are engaged in or seek to do business with the Department of Defense may be imputed to you as a violation of DoDD 5500.7-R and 5 CFR Part 2635, et seq., and must therefore be avoided.

f. You will instruct members of your parent or home organization to not divulge to unauthorized persons your participation in the evaluation and source selection process or your physical location while participating.

g. You agree not to engage in any personal or professional activity, or enter into any financial transaction that involves or appears to involve the direct or indirect use of "inside information" to further a private gain for yourself or others.

PROTECTING CONFIDENTIAL INFORMATION

By signing this agreement, you agree not to disclose confidential, proprietary, and/or source-selection-sensitive information to any individual or entity, unless that individual or entity is authorized by the Contracting Officer to receive such information. This means that you:

a. Agree to abide by the terms of the Federal Acquisition Regulation Part 3.104;

b. Will not knowingly disclose, directly or indirectly, proprietary or source-selection-sensitive information to any individual or entity, unless that individual or entity is authorized by the Contracting Officer to receive such information;

c. Understand that all communications with offerors or their subcontractors concerning this acquisition must be made by/through the Contracting Officer or his designee. You will divert all attempted communications by offeror’s representatives or any other unauthorized person to the Contracting Officer, and advise the Chairperson of the SSAC or the Chairperson of the SSEB of such attempts;

d. Agree not to discuss evaluation or source selection matters (including proprietary proposal information) with any unauthorized individuals (including Government personnel who have not signed nondisclosure agreements), even after the announcement of the successful contractor(s), unless authorized by the Contracting Officer. Discussion of the evaluation/source selection matters with other SSEB/SSAC members should be conducted in areas designated for deliberations; and

e. Acknowledge that disclosure of proprietary information may violate the Trade Secrets Act and the Procurement Integrity Act. If you are found to have violated the Trade Secrets Act or the Procurement Integrity Act you may be subject to criminal penalties.

OTHER STANDARDS OF CONDUCT

By signing this agreement you agree to abide by the following additional rules of conduct for this procurement:

a. You agree not to communicate with offerors or their subcontractors concerning this acquisition unless you first obtain the approval of the Contracting Officer

b. You recognize that your participation in this source selection may be subject to intense scrutiny. As such, you agree to conduct yourself in such a way as to not adversely affect the confidence of the public or competing contractors in this source selection process. You will not use your public office for private gain, and you agree not to engage in any personal business or professional activity, or enter into any financial transaction, that involves or appears to involve the direct or indirect use of “inside information” to further a private gain for yourself or others.

c. You agree to avoid any action, whether or not prohibited, that could result in, or could create, the appearance of or lack of independence or a lack of impartiality, and certify that you

[ ] have submitted a current OGE 450, Executive Branch Personnel Confidential Financial Disclosure Report, or SF 278, Executive Personnel Financial Disclosure Report, as required by DODD 5500.7

[ ] will submit an OGE 450 or SF 278 to your organization's designated ethics official within 10 work days from the date of your appointment, or

[ ] have consulted with your organization's ethics official and are not required to submit an OGE 450 or SF 278.

CONTINUING RESPONSIBILITY

You understand that your obligations under this agreement are of a continuing nature. If anything takes place that would cause a change to any statement, or create a violation of any representation or rule of conduct contained in this agreement, you agree to inform the Contracting Officer promptly.

I certify that I have read and understand the above agreement. I further certify that the statements made herein are true and correct.

I agree to the terms of this agreement.

Signature Date

Contracting Officer's Signature Date