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NASA JSC Solicitation: Human Health and Performance Organizational Conflicts of Interest

Status Report From: Johnson Space Center
Posted: Tuesday, March 13, 2012

General Information

Solicitation Number: NNJ12399614L
Posted Date: Mar 13, 2012
FedBizOpps Posted Date: Mar 13, 2012
Recovery and Reinvestment Act Action: No
Original Response Date: Mar 30, 2012
Current Response Date: Mar 30, 2012
Classification Code: B -- Special studies and analysis - not R and D
NAICS Code: 541712
Set-Aside Code:

Contracting Office Address

NASA/Lyndon B. Johnson Space Center, Houston Texas, 77058-3696, Mail Code: BH

Description

NASA/JSC is requesting information from industry regarding potential organizational conflicts of interest (OCI) arising from the Human Health and Performance Contract (HHPC).

The nature of the work anticipated under HHPC may create a situation, where there could be a potential for an 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 HHPC.

Specifically, NASA anticipates that the effort under HHPC will include the following types of tasks which could lead to potential OCI issues. This list is not all inclusive.

* Regulatory oversight responsibilities for other contractors at Johnson Space Center;

* Assessment of component and system designs, analysis, and models developed for the Orion/Multi-Purpose Crew Vehicle (MPCV);

* Assessment of component and system designs, analysis, and models developed for the International Space Station (ISS) or Extravehicular Activities (EVA);

* Assessment of component and system designs, analysis, and models developed for the commercial crew or cargo providers;

* Assessment of hardware designs, analysis, models developed for the JSC Space Life Sciences Directorate and/or the Engineering Directorate by Contractors, Grantees, and Space Act Agreement Participants other than the HHPC Contractor;

* Assessment of new technology disclosures (aka "invention disclosures") including, for example, new and novel hardware, software, processes, and composition of matter submitted by Contractors, Grantees, and Space Act Agreement Participants other than the HHPC Contractor;

* Access to Government Sensitive Information such as pre-decisional information associated with on-going or future NASA projects that may result in future competitive procurements;

* Access to a Contractor, Grantee, and Space Act Agreement Participant's proprietary information, where said Contractor, Grantee, and Space Act Agreement Participant is not the HHPC Contractor;

* Design, development, test and evaluation including certification and fabrication of hardware including flight hardware and software.

These types of tasks could lead to the following categories of OCI issues depending on the composition of the team selected for the HHPC contract:

* Unequal access to nonpublic information of the type that may provide the HHPC Contractor an unfair competitive advantage in a later competition for a government procurement contract;

* Potential impaired objectivity if the HHPC contractor or its subcontractors are assessing data developed by themselves, related companies (e.g., affiliates, joint ventures, partnerships, etc.), or subcontractors;

* Potential impaired objectivity if the HHPC contractor or its subcontractors or related companies are responsible for assessing or performing safety and mission assurance for hardware or data generated by the HHPC contractor, its subcontractors, or related companies under another JSC contract, grant, cooperative agreement, or Space Act Agreement;

* Potentially creating biased ground rules by providing technical assessments to NASA on specific technologies and methodologies that may affect NASA's preparation of a specification of work, other contractual requirements, or NASA's evaluation of proposals in a future competitive procurements.

A link to the NASA Guide on Organizational Conflicts of Interest has been posted to the HHPC procurement website at: http://procurement.jsc.nasa.gov/hhpc . Please reference this 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 5:00 p.m. local time on March 30, 2012. 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 HHPC 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 HHPC contract that were not identified in this RFI?

4. Does your company foresee any OCI issues associated with the HHPC that would cause you to decide not to propose on the potential HHPC 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 HHPC. 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" 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: Perry L. Mueller
Title: Contracting Officer
Phone: 281-483-7158
Fax: 281-244-0995
Email: perry.l.mueller@nasa.gov

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