Amend_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to includea new local language: ORGANIZATIONAL CONFLICT OF INTEREST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 3

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 30-Mar-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9127S-16-R-0001

X 9B. DATED (SEE ITEM 11)

08-Mar-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

30-Mar-2016

CODE

CONTRACTING DIVISION

USACE, LITTLE ROCK (W9127S)

700 W. CAPITOL AVE, RM 7315

LITTLE ROCK AR 72201-3225

W9127S 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9127S-16-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

ORG CONFLICTS OF INTEREST

ORGANIZATIONAL CONFLICT OF INTEREST

(1)(a) The Contractor’s attention is directed to FAR Subpart 9.5 relating to Organizational Conflicts of Interest (OCI).

(b) The Contractor represents that it will act in good faith and take reasonable steps to identify and disclose to the Contracting Officer any OCI, which exists or which may arise in the implementation of this contract, as soon as they become known or they should have become known to the Contractor. The Contractor represents that if it discovers an OCI or potential OCI, a prompt and full disclosure shall be made in writing to the Contracting Officer. The disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate the OCI.

(c) For the purposes of this clause, the term “Contractor” means the Contractor, its subsidiaries and affiliates, joint ventures involving the Contractor, any entity with which the Contractor may hereafter merge or affiliate and any other successor or assignee of the Contractor.

(d) By submitting a proposal in response to this solicitation, an offeror is representing that it and its proposed subcontractors are able to perform all of the work, as described in the SOW, without violating any current contractual restraints. Current contract restrictions (e.g., FAR 9.507‐2) that bar an offeror from performing work as described in the SOW will render an offeror ineligible for award; however, if an offeror’s relevant current or prior contracts contain an acceptable OCI mitigation plan, rather than a bar on future awards, the offeror shall provide such plan with its proposal.

(f) In lieu of the restrictions established above, the Contracting Officer may allow a company to participate in an acquisition subject to the submission of an acceptable OCI mitigation plan in accordance with paragraphs (g) through (h) below. This determination by the Contracting Officer is not subject to the Disputes clause of the contract.

(g)(1) If an OCI mitigation plan is submitted, it must comply with the following:

‐ Identification of the organizational conflict(s) of interest;

‐ How the company plans on identifying additional conflicts of interest and tracking potential conflicts of interest;

‐ If applicable, how source selection of proprietary information data will be physically or electronically safeguarded (e.g., locked files, safes, etc.);

‐ How the individuals working on the contract will be segregated from the rest of the work force and whether they will report through a separate chain of command;

‐ If applicable, data security measures, including whether computer workstations dedicated to the contract will be in separate, secure areas and require unique passwords for access;

‐ How the company handles improper disclosure of sensitive information and how improper disclosure of sensitive information is communicated to the Contracting Officer;

How the OCI mitigation plan is included and enforced in all subcontracts, teaming agreements, and other agreements calling for performance of work under the contract;

‐ Training of personnel in their non‐disclosure and procurement integrity responsibilities, and the penalties the company may impose if sensitive information is disclosed;

W9127S-16-R-0001

‐ If applicable, how the company obtains Non‐Disclosure Agreements between it and subcontractors as well as those signed by company employees;

‐ If applicable, how the company plans on protecting proprietary information of other companies (Company‐to‐ Company agreements);

‐ If restrictions are required to avoid OCI issues, state the period of that restriction.

(2) Before the Government determines to withhold an award based on OCI considerations, the offeror will be notified and allowed reasonable opportunity to respond. The Government may provide feedback and concerns to the OCI mitigation plan and request additional information regarding the OCI mitigation plan or request changes to the OCI mitigation plan. A revised OCI mitigation plan may be submitted to address the Government’s concerns.

(3) Failure to provide an acceptable OCI mitigation plan shall make the offeror subject to the restriction described in paragraph (e) above or ineligible for award, depending on the circumstances. The Government’s determination regarding the adequacy of the OCI mitigation plan or the possibility of mitigation are unilateral decisions made solely at the discretion of the Government and are not subject to the Disputes clause of the contract. This determination may not be appealed.

(4) Provided that an OCI mitigation plan is acceptable to the Government, the Contractor’s parent corporation, subsidiaries, or other physically separate profit and loss centers may not be precluded from acting as a prime, subcontractor or consultant on future task/delivery orders or contracts. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved OCI mitigation plan.

(5) If the mitigation plan is approved, the Contractor shall implement the OCI mitigation plan, and it shall be an attachment to the contract.

(h) The Contractor acknowledges the full force and effect of this clause. It agrees to be bound by its terms and conditions and understands that violation of this clause may, in the judgment of the Contracting Officer, be cause for Termination for Default under FAR 52.249‐6. The Contractor also acknowledges that this does not represent the sole and exclusive remedy available to the Government in the event the Contractor breaches this or any other Organizational Conflict of Interest clause.

(End of clause)

(End of Summary of Changes)