AWACS Block 40 45 PBL Industry Day Legal Brief.pdf


Original Source
Contract Opportunity
Related Agency
Date Originally Posted
July 25, 2016, 11:35 a.m.
Profiled People



OCI Mitigationat AF Life Cycle Management Center Office of the Staff Judge Advocate66 Air Base GroupHanscom AFB, MA Organizational 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 ProvisionsFAR 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 ProvisionsFAR 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 discretion GAO PrecedentAetna 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 OCIBiased 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 PanelAFLCMC 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 ProcessOCI Plan from prime contractor to Contracting Officer (prime contractorincorporates all subcontractor OCI plans)Contracting Officer to program teamThose inputs go to Program AttorneyConsolidated comments go to OCI Review Panel OCI MitigationOrganization 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 MitigationContract Types with Potential OCIs-Systems Contracts or Programs-Advisory & Assistance (A&AS) Contracts(Program Office Support, PASS, ETASS, etc.) OCI MitigationOCI 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 Information OCI Mitigation PlansAdministrative Section -Definitions-OCI Training for new and existing employees-Employee Transfer Rules-Information Transfer Rules-OCI EnforcementEmployee OCI reporting requirementsConsequences for OCI violationsDisclosure of violations to Government -OCI / Debriefing Certification-Nondisclosure Agreement OCI Mitigation PlansOCI 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 OCIsIdentify 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 OCIs Identify & Mitigate Potential OCIsIdentify 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 OCIsPropose Mitigation Strategies-Propose concrete solutions for mitigating anyconflicts of interest that have been identifiedFirewalls (5 Factor Mitigation Analysis)Restructure of organization and reporting chainsOther steps the contractor will take to precludethe perception that it will favor its own productsor services Conclusion AFLCMC OCI Review ProcessObtain OCI Mitigation Plan OutlineSubmit plans to the Contracting Officer