AWACS Block 40 45 PBL Industry Day Legal Brief.pdf


Original Source
Contract Opportunity
Related Agency
July 25, 2016



OCI MitigationAF Life Cycle Management Center

Office of the Staff Judge Advocate
66 Air Base Group
Hanscom AFB, MA

Organizational Conflict of

FAR 2.101

Because of other activities or Relationships . . .

- a person is unable or potentially unable

to render impartial assistance or advice, or

the persons objectivity is or might be
impaired, or

- a person has an unfair competitive


Governing FAR Provisions

FAR 9.504

- Potential conflicts of interest must be mitigated

before contract award

- Contracting officers should obtain the advice of

legal counsel and technical experts in evaluating
potential conflicts

Governing FAR Provisions

FAR 9.505

- Each individual situation should be examined on the

basis of its particular facts and the nature of the
proposed 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

- Preparation of Statement of Work; Requirements

(FAR 9.505-1)

(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 ensure

AFLCMC OCI policy is consistently applied

- Chaired by Senior members of
Contracting, the Legal Office,
and the Acquisition Center of Excellence

OCI Review Process

OCI Plan from prime contractor to
Contracting Officer (prime contractor
incorporates 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 and
reporting chain up through parent company

- Second chart showing new corporate structure

and reporting chain if restructure of Organization
is proposed as mitigation

- Organization chart needed for each member of your

team (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

- 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- OCI Enforcement

Information Transfer Rules

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
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 or
Business Unit with Potential OCIs

Identify & Mitigate Potential
Identify the Potential OCIs

- Analyze work under specific contracts for actual
or potential conflicts of interest and conclude
whether a conflict of interest exists

Identify & Mitigate Potential
Propose Mitigation Strategies

- Propose concrete solutions for mitigating any
conflicts of interest that have been identified

Firewalls (5 Factor Mitigation Analysis)
Restructure of organization and reporting chains
Other steps the contractor will take to preclude

the perception that it will favor its own products
or services


AFLCMC OCI Review Process
Obtain OCI Mitigation Plan Outline
Submit plans to the Contracting Officer