[Program Name]ORGANIZATIONAL CONFLICT OF INTEREST TRAINING [Name] [Position] [Date]
Overview • Organizational Conflict of Interest - Defined • [Program Name] OCI Mitigation Plan Measures • Employee Responsibilities • Questions/Comments • [Program Name] POCs
Organizational Conflict of Interest (OCI) - Defined • FAR 9.5 defines an OCI as a contractor’s inability or potential inability to render impartial services, where its objectivity may be impaired, or the contractor has an unfair competitive advantage. • The OCI situation can be either “actual” or a “perception” that a potential for an unfair advantage or bias could exist.
Organizational Conflict of Interest (OCI) - Defined • Unequal Access to Information – Nonpublic information during performance of a contract (e.g. proprietary or financial data of the government or a competitor) which may yeild an unfair competitive advantage • Biased Ground Rules – Establishing the “critical baseline” for a contract that your company may compete under (e.g. writing or advising on the SOW, specifications, evaluation criteria, proposal development, etc.) • Impaired Objectivity – contractor placed in a situation of providing assessment and evaluation over work performed or products provided by the same company
[Program Name] data • [Program Name] awarded xx/xx/xxxx • General stats about program, value, POP, etc • OCI Mitigation Plan required because……… • Mitigation Plan applies to all APL entities, Team Mates and subcontractors. • Any other unique OCI related all data or issues ……….
[Program] OCI Mitigation Plan Measures • USE YOUR PLAN’S TABLE OF CONTENTS AS A GUIDE, only an example below, then the subsequent slides should match and provide a few bullet points • Proprietary/Sensitive Data Safeguards • Procedures • Assignment Separation • NDAs • Marking, Handling, Storage, and Destruction of Data • Protection of Information Technology • Reassignment • Departure • Audit • OCI Training • Recordkeeping • Subcontractor Flowdown of OCI Mitigation Measures
(Sample)Assignment Separation • Assigned Personnel Firewall List • Exclusion from certain assignments • No transfers between certain programs • Access controlled to all program shared sites (This is just a sample of slides derived from your plan --each set of slides is unique to your plan, emphasize whatever measures make sense)
Employee Responsibilities • Maintain general awareness of OCI risk • Read [program] OCI Mitigation Plan folder on shared drive • Comply with [Program Name] OCI Mitigation Plan: • Sign OCI NDA – Attachment XX • Sign OCI Training Certification – Attachment XX • Sign OCI Exit Interview – Attachment XX • Protect all Program generated information per program directives • Disclose any OCI that may arise during course of performance to the your Contracts Manager, or anonymously via the Ethics hotline
NDA vs. Employee Restrictions • NDA obligations are to protect information and continues after leaving the program until either the information is made public or the Government or 3rd party authorizes release, i.e. “in perpetuity”, no defined end date • Employee restrictions are based upon the obligation stated in the Plan and are specific to the OCI risk created on the program, e.g. you cannot work on a related proposal or you cannot work on a related development or production contract , for a specific timeframe after you leave the program (1year , etc) . The restriction applies whether you work on a different company program or at another company. You must disclose any restrictions to the new hiring manager/company.
[Program Name] POCs • Program Mgmt: • HR: • Contracts: • Subcontracts: • Security: