Standard Form 30 - Amendment Of Solicitation/modification Of Contract (Page 21 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-04-D-4147

HR18

19 of 38

(f)

Notice. It is the Contractor's, as well as, the Government's responsibility to monitor contract activities and notify the

Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated.

1) The Contractor should notify the Contracting Officer in writing promptly, within three (3) calendar days from the date of any incident

that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature, and circumstances of

the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or

knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the

estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance.

2) The Contracting Officer will promptly, within five (5) calendar days after receipt of notice, respond to the notice in writing. In

responding, the Contracting Officer will either:

(i) confirm the conduct is in violation and when necessary direct the mode of further performance,

(ii) countermand any communication regarded as a violation

(iii) deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or

(iv) in the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish

the date by which it should be furnished by the Contractor and the date.

12.0

SUBCONTRACTOR/CONSULTANTS

(a)

In addition to the information required by FAR 52.244-2 in the contractor's basic Seaport-e contract, the contractor shall

include the following information in requests to add subcontractors or consultants during performance, regardless of subcontract type or

pricing agreement. These requirements apply to all subcontracts/consulting agreements where labor hours performed will be counted

against the requirements of the Level of Effort clause in Section H of the Task Order:

A copy of the proposed sub-contractors cost or price proposal.

The results of negotiations to incorporate rate caps no higher than the lower of (i) Seaport-e rate caps for the prime contractor, or in the

case where the proposed subcontractor is also a Seaport-e prime, (ii) rate caps that are no higher than the subcontractor's prime

Seaport-e contract.

Detailed justifications to include second-tier subcontracting to other subcontractors or consultants to include a rationale why these

addition firms or consultants could not be obtained by subcontracts or consulting agreements with the prime contractor.

(b)

As required by FAR 15.404-3(b) the contractor shall conduct an appropriate cost or price analysis and include the results of

this analysis with each request to add a subcontractor or consultant.

(c)

T&M pricing agreements require an accounting system rating of adequate. In these instances, the contractor shall provide

specific justification for negotiating subcontracts with this pricing arrangement. The prime contractor is strongly encouraged to ensure

that any fee rate incorporated into the negotiated labor rate(s) does not exceed Seaport-e limitations. In the case of subcontracts with

T&M or Labor Hour pricing arrangements, also identify specific additional surveillance/controls to be employed by the prime

contractor to ensure that efficient performance methods are being employed.

HQ C-2-0037 ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA) (JUL 2000)

(a) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or

potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract

work is or might be otherwise impaired, or a person has an unfair competitive advantage. "Person" as used herein includes

Corporations, Partnerships, Joint Ventures, and other business enterprises.

(b) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the

Contractor does not have any organizational conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of

interest on the instant contract or on a future acquisition. In order to avoid this potential conflict of interest, and at the same time to

avoid prejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment

and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the

requirements of FAR 9.5.

(d) (1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party

outside the Government any information provided to the Contractor by the Government during or as a result of performance of this

contract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by other

persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not

in its original form, e.g., where the information has been included in Contractor generated work or where it is discernible from

materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party

outside the Government any information generated or derived during or as a result of performance of this contract. This prohibition

shall expire after a period of three years after completion of performance of this contract.

Standard Form 30 - Amendment Of Solicitation/modification Of Contract Page 21

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