NASA JSC Advanced Technology and Intergation Contract Organizational Conflict of Interest RFI
Synopsis – Mar 22, 2013
Attachment A – Posted on Mar 22, 2013
Attachment B – Posted on Mar 22, 2013
General Information
Solicitation Number: NNJ13ZBR001LB
Posted Date: Mar 22, 2013
FedBizOpps Posted Date: Mar 22, 2013
Recovery and Reinvestment Act Action: No
Original Response Date: Mar 29, 2013
Current Response Date: Mar 29, 2013
Classification Code: A — Research and Development
NAICS Code: 541511
Set-Aside Code:
Contracting Office Address
NASA/Lyndon B. Johnson Space Center, Houston Texas, 77058-3696, Mail Code: BR
Description
NASA/JSC is requesting information from industry regarding potential organizational conflicts of interest (OCI) arising from the Advanced Technology & Integration Contract (ATIC).
The nature of the work anticipated under the ATIC may create a situation where there could be the potential for OCI as currently described in FAR Subpart 9.5. Each potential offeror should review FAR Subpart 9.5 in light of NASA’s anticipation of OCI issues and consider carefully the extent to which an OCI may arise before making the decision to compete for the ATIC.
Specifically, NASA anticipates that the effort under the ATIC will include the following types of tasks which could lead to potential OCI issues. This list is not all inclusive.
-A conflict based on “impaired objectivity” is created when a contractor’s judgment and objectivity in performing the contract requirements may be impaired due to the fact that the substance of the contractor’s performance has the potential to affect other interests of the contractor. This conflict contains two elements – the use of subjective judgment by the contractor and whether a contractor has a financial interest in the outcome of its performance. A conflict could be created when a contractor’s judgment and objectivity in performing ATIC may be impaired due to the fact that the substance of its performance has the potential to affect a part of its interests on Facilities Development Operations Contract (FDOC). See Attachment A for an example from ATIC.
-A conflict based on “unfair access to data” could be created when there is unequal access to information when a contractor has access to nonpublic information which may provide the firm an unfair competitive advantage in a later competition for a government contract. Conflicts based on unequal access to information for ATIC can best correlate to obtaining access to proprietary information. See Attachment B for an example from ATIC.
A link to the NASA Guide on Organizational Conflicts of Interest has been posted to the ATIC procurement website at: http://procurement.jsc.nasa.gov/atic . Please reference that document for additional information about NASA’s policies with respect to OCI issues. You are requested to provide electronic responses via e-mail to the Contracting Officer listed at the end of this synopsis. Your response is requested by 2:00 p.m. local time on March 29, 2013. Potential offerors are requested to address the following questions:
1. What type of OCI issues would your company or potential team identify, if any, should you choose to propose on the ATIC contract?
2. What strategies would you anticipate proposing to mitigate the OCI issues that you identified (if any)? Please provide strategy details, previous examples/experience with other contracts with NASA or other agencies, etc.
3. Are there any other types of potential OCI issues with the proposed ATIC contract that were not identified in this RFI (assuming any were identified)?
4. Does your company foresee any OCI issues associated with the ATIC that would cause you to decide not to propose on the potential ATIC RFP?
NASA intends to assess any responses received regarding potential OCI and each offeror’s proposed OCI mitigation strategy, responding to each company who submits a mitigation strategy in writing. NASA’s response will simply be an attempt to preliminarily examine possible circumstances which might lead to or eliminate an OCI. It will not be a confirmation that, in fact, an OCI will ultimately exist or that an offeror can successfully eliminate or mitigate an OCI. Furthermore, the response in no way alters or interprets the application of FAR 9.5 as it applies to a final statement of work or a final proposal submission, should a potential offeror elect to submit a proposal in response to an RFP issued under a solicitation for ATIC. Subsequent to the initial submission and response, the Government will not consider further information as it relates to this RFI.
The documents on the NASA procurement website are for information and planning purposes, to allow industry the opportunity to comment, and to promote competition only. NASA will not affirmatively release any information received in response to this RFI to the public, but may use information received in developing the best approach for a contract strategy, and therefore such information may be recognizable to the potential offeror who submitted it. Any information submitted in response to this RFI that is marked as “Confidential Commercial or Financial Information” or with similar restrictive markings will be considered as voluntarily submitted in accordance with the Freedom of Information Act.
The Government intends to release the names, addresses, and points of contact of all respondents unless specifically requested not to do so by the respondent. All questions should be directed to the point of contact identified below. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. The Government is under no obligation to issue a solicitation or to award any contract on the basis of this RFI. The Government will not pay for any information solicited under this RFI. No solicitation exists; therefore, do not request a copy of a solicitation. If a solicitation is released it will be synopsized in FedBizOpps and on the NASA Acquisition Internet Service. It is the potential offerors’ responsibility to monitor these sites for the release of any solicitation or synopsis.
Point of Contact
Name: Cynthia W. Maclean
Title: Contracting Officer
Phone: 281-244-5903
Fax: 281-244-5331
Email: cynthia.w.maclean@nasa.gov
Name: Chrystal D. Nevels
Title: Contract Specialist
Phone: 281-792-7842
Fax: 281-244-5331
Email: chrystal.d.nevels@nasa.gov
