B01_dRFP Section H OCI Revision_7 July clean FINAL.pdf

H.1 Organizational Conflicts of Interest (OCIs)

H.1.1 An OCI can occur when: a contractor is unable, or potentially unable, to render impartial assistance or advice to the government; a contractor's objectivity in performing the contract work is or might be otherwise impaired; or contractor has an unfair competitive advantage for a contract award. Additional information on the types of OCIs that can occur can be found in FAR Subpart 9.5.

H.1.2 The contractor shall notify the JE-CLaSS IDIQ Contracting Officer (as well as the Ordering Contracting Officer, where appropriate) immediately whenever it becomes aware of a potential or actual OCI. This provision shall apply to the prime contractor, subcontractors, team members, and their collective employees, and shall be in effect throughout the period of performance of this contract, any extensions by change order or supplemental agreement, and for two (2) years thereafter.

H.1.2.1 In the event of nondisclosure or misrepresentation of any relevant facts, the Government reserves the right to terminate the offeror’s contract(s) for default, disqualify the contractor and/or subcontractor(s) from future related contract efforts, and to pursue any other remedies as allowed by law.

H.1.3 Contractors shall not place themselves in a position where submitting a proposal or accepting a contract / TO award would result in an OCI.

H.1.4 Contractors who have provided system-related advisory and assistance services to the Government (as defined in FAR 2.101) shall not be eligible to receive award of or execute performance under a Domain 1 TO that relates to that system. This shall apply to any TOR issued for 60 months after completion of the advisory and assistance services effort.

H.1.5 Contractors who have provided advisory and assistance services (as defined in FAR 2.101) in support of a JPEO-CBRND Directorate or Joint Project Manager (JPM) office (or a similarly situated non-JPEO entity) shall not be eligible to receive award of or execute performance under a Domain 1 TO requirement generated by that office.

This shall apply to any TOR issued for 36 months after completion of the advisory and assistance services effort.

H.1.6 Domain Crossover. Contractor and/or subcontractor personnel performing work under Domain 2 PWS requirements may receive, have access to, and participate in the development of proprietary or source selection information (including cost or pricing information, budget information and analysis, performance specifications, statements of work, etc.), or perform evaluation services which may create a current or subsequent OCI as defined in FAR Subpart 9.5. This information may relate directly to potential or ongoing Domain 1 requirements.

H.1.7 All Domain 1 and Domain 2 awardees shall develop and maintain a plan to mitigate potential OCIs. As part of the plan, the contractor shall include a list of employees, to include subcontractor employees, who are reasonably expected to access proprietary data. A written agreement from each employee stating that he/she shall not improperly disclose such data or information during his/her employment, or at any point thereafter. When submitting a proposal in response to a Government-issued Task Order Request (TOR), the awardee shall include a supplement to its OCI mitigation plan that is tailored to address the specific TOR’s PWS requirements. This supplement shall include all contractor and subcontractor personnel, including contingency hires. The contractor shall notify the Ordering Contracting Officer of any changes to its list of employees during performance, or thereafter as needed. Ordering Contracting Officers may elect to include additional requirements as necessary.

H.1.7.1 The JE-CLaSS IDIQ Contracting Officer has the sole discretion to determine the acceptability of OCI mitigation plans, or if an OCI be satisfactorily mitigated or avoided. In the event that the plan is determined to be unacceptable, or that an OCI cannot be satisfactorily avoided or mitigated, the IDIQ Contracting Officer may implement other remedies as deemed necessary.

H.1.7.2 The Ordering Contracting Officer may employ additional OCI mitigation measures during the acquisition process, including the exclusion of an offeror from TOR competition and TO award, as well as prohibiting a TO awardee from participation in any future related contracting opportunities.

H.1.7.3 The contractor shall hold the Government harmless and will freely indemnify the Government from any cost / loss resulting from the unauthorized use or disclosure of any third-party proprietary information by its employees, subcontractor employees, or by its agents.

H.1.8 The contractor shall include the same OCI provisions as are expressed herein in all subcontracts awarded for performance of any portion of contract performance. This restriction shall be applicable throughout the period of performance of the subcontract, any extensions issued thereto, and for two (2) years thereafter. When included in a subcontract, the subcontractor shall submit the required OCI notification to the prime contractor’s cognizant contracting official.

H.1.8.1 Any subcontract deviations from the OCI provisions expressed herein or less restrictive coverage must first be submitted to the JE-ClaSS IDIQ Contracting Officer for approval.

H.2 Subcontracting Plan Reporting Requirements

H.2.1 IAW FAR Subpart 19.704(a)(10)(iv)(A), “Subcontracting plan requirements,” those firms that are required to submit a small business subcontracting plan shall submit their Individual Subcontract Report (ISR) via the Electronic Subcontracting Reporting System (eSRS) semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the contracting officer.