Amendment Of Solicitation/modification Of Contract (Page 28 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-14-D-7635

M801

26 of 38

writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply.

Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor

or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major

component utilized for or in connection with any item or work statement prepared or other services

performed or materials delivered under this contract, and is procured on a competitive basis, by the

Department of Defense with 3 years after completion of work under this contract. The provisions

of this clause shall not apply to any system, subsystem, or major component for which the

contractor is the sole source of supply or which it participated in designing or developing. (FAR

9.505-4(b))

[x] (7) Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in

paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in

Government contractual efforts (solicited or unsolicited) which stem directly from such work, and

the contractor agrees not to perform similar work for prospective offerors with respect to any such

contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the

contractor shall not perform any such work under this contract on any of its products or services, or

the products or services of another firm for which the contractor performs similar work. Nothing in

this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS.

(f) Remedies. In the event the contractor fails to comply with the provisions of this clause, such

noncompliance shall be deemed a material breach of the provisions of this contract. If such

noncompliance is the result of conflicting financial interest involving contractor personnel

performing work under this contract, the Government may require the contractor to remove such

personnel from performance of work under this contract. Further, the Government may elect to

exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall

prevent the Government from electing any other appropriate remedies afforded by other provisions

of this contract, or statute or regulation.

(g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of

this contract, conditions may change which may give rise to the appearance of a new conflict of

interest. In such an event, the contractor shall disclose to the Government information concerning

the new conflict of interest. The contractor shall provide, as a minimum, the following information:

(1) a description of the new conflict of interest (e.g., additional weapons systems supplier(s),

corporate restructuring, new first-tier subcontractor(s), new contract) and identity of parties

involved;

(2) a description of the work to be performed;

(3) the dollar amount;

(4) the period of performance; and

(5) a description of the contractor’s internal controls and planned actions, to avoid any potential

organizational conflict of interest.

5252.211- 9510 CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)

(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify

themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor

personnel are Government officials. This can occur during meeting attendance, through written (letter or email)

correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations

where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor

Amendment Of Solicitation/modification Of Contract Page 28

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