Standard Form 30 - Amendment Of Solicitation/modification Of Contract (Page 22 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-04-D-4147

HR18

20 of 38

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, any

subcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it

may merge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (f) of this Special Contract Requirement

relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of three years after completion of

performance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, consultant, or employee of the

Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any

other successor or assign of the Contractor, shall not furnish to the United States Government, either as a prime contractor or as a

subcontractor, or as a consultant to a prime contractor or subcontractor, any system, component or services which is the subject of the

work to be performed under this contract. This exclusion does not apply to any recompetition for those systems, components or

services furnished pursuant to this contract. As provided in FAR 9.505-2, if the Government procures the system, component, or

services on the basis of work statements growing out of the effort performed under this contract, from a source other

than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract or before the three year

period following completion of this contract has lapsed, the Contractor may, with the authorization of the cognizant Contracting

Officer, participate in a subsequent procurement for the same system, component, or service. In other words, the Contractor may be

authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, it shall make

immediate and full disclosure in writing to the Contracting Officer. The notification shall include a description of the actual or

potential organizational conflict of interest, a description of the action which the

Contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would

assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Government may

terminate the contract for the convenience of the Government if determined to be in the best interest of the Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of

interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of

this contract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate

this contract for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the

Government may terminate this contract for default.

(i) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall

be final.

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to the United States

Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor from

participating in any research and development or delivering any design development model or prototype of any such equipment.

Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Government

concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and

to protect the Government's interest.

(l) The Contractor shall include this requirement in subcontracts of any tier which involve access to information or

situations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "contractor" where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law

or elsewhere included in this contract.

(n) Compliance with this requirement is a material requirement of this contract.

Standard Form 30 - Amendment Of Solicitation/modification Of Contract Page 22

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