AWACS Block 40 45 PBL Industry Day Legal Brief.pdf
Date Originally Posted
July 25, 2016, 11:35 a.m.
OCI Mitigationat AF Life Cycle Management Center Office of the Staff Judge Advocate66 Air Base GroupHanscom AFB, MAOrganizational Conflict of InterestDefinition FAR 2.101Because of other activities or Relationships . . .-a person is unable or potentially unable to render impartial assistance or advice, or-the person’s objectivity … is or might be impaired, or -a person has an unfair competitive advantage.Governing FAR ProvisionsFAR 9.504-Potential conflicts of interest must be mitigatedbefore contract award-Contracting officers should obtain the advice oflegal counsel and technical experts in evaluatingpotential conflicts Governing FAR ProvisionsFAR 9.505-Each individual situation should be examined on the basis of its particular facts and the nature of theproposed contract-Evaluation requires the exercise of common sense, good judgment, and sound discretionGAO PrecedentAetna Government Health Plans, Inc., B-254397.15 et al., July 27, 1995, 95-2 CPD¶ 129-In some cases, an OCI cannot be mitigated Types of OCIBiased Ground Rules-Systems Engineering and Technical Direction (FAR 9.505-1)-Preparation of Statement of Work; Requirements (FAR 9.505-2)Impaired Objectivity-Providing Evaluation Services(FAR 9.505-3)Unequal Access to Information-Access to Proprietary Information(FAR 9.505-4)AFLCMC OCI Review PanelAFLCMC Process Guide, R107, 13 Mar 13-Established OCI Review Panel to ensureAFLCMC OCI policy is consistently applied-Chaired by Senior members ofContracting, the Legal Office,and the Acquisition Center of Excellence OCI Review ProcessOCI Plan from prime contractor to Contracting Officer (prime contractorincorporates all subcontractor OCI plans)Contracting Officer to program teamThose inputs go to Program AttorneyConsolidated comments go to OCI Review PanelOCI MitigationOrganization Charts (Prime & Subcontractors)-One chart showing current organization andreporting chain up through parent company-Second chart showing new corporate structureand reporting chain if restructure of Organizationis proposed as mitigation-Organization chart needed for each member of yourteam (Prime & Subcontractors)OCI MitigationContract Types with Potential OCIs-Systems Contracts or Programs-Advisory & Assistance (A&AS) Contracts(Program Office Support, PASS, ETASS, etc.)OCI MitigationOCI Firewalls (5 Factor Mitigation)-Isolate Work in Separate Business Unit-Geographic & Physical Separation-Independent Management & Reporting Chains-Prohibition Against Transfer of Personnel-Prohibition Against Transfer of InformationOCI Mitigation PlansAdministrative Section -Definitions-OCI Training for new and existing employees-Employee Transfer Rules-Information Transfer Rules-OCI EnforcementEmployee OCI reporting requirementsConsequences for OCI violationsDisclosure of violations to Government -OCI / Debriefing Certification-Nondisclosure Agreement OCI Mitigation PlansOCI Mitigation Section -Separate Section for Prime and each Subcontractor-Organization Chart-Agree to Adopt Administrative Section (or explain any deviations)-Identify and Mitigate Potential OCIs Identify & Mitigate Potential OCIsIdentify All Divisions or Business Units (Combine within by Systems / A&AS Contracts)-Location -Explain the Management and Reporting Chain-Identify & Explain Contracts in the Division orBusiness Unit with Potential OCIsIdentify & Mitigate Potential OCIsIdentify the Potential OCIs-Analyze work under specific contracts for actualor potential conflicts of interest and conclude whether a conflict of interest exists Identify & Mitigate Potential OCIsPropose Mitigation Strategies-Propose concrete solutions for mitigating anyconflicts of interest that have been identifiedFirewalls (5 Factor Mitigation Analysis)Restructure of organization and reporting chainsOther steps the contractor will take to precludethe perception that it will favor its own productsor servicesConclusion AFLCMC OCI Review ProcessObtain OCI Mitigation Plan OutlineSubmit plans to the Contracting Officer