ATEC Industry Day / APBI Q and A

OCI Related Questions

1. What is the likely effect of OCI concerns with regard to major weapons systems vendors doing test and evaluation (T&E)? When do you expect this transition to be done?

Answer:
In ATEC Policy Bulletin 11-2, Organization Conflicts of Interest (OCI) Involving Contractors in Support of ATEC Test and Evaluation (T&E), dated April 19, 2011, the ATEC Commanding General notes that the command is experiencing "a dramatic increase in the use of combined developmental and operation testing."

In turn, operational testing, by itself or when combined/integrated with developmental testing, is subject to the unique and relatively more restrictive OCI provisions of 10 USC §2399, Operational Test and Evaluation of Defense Acquisition Programs. These provisions explicitly apply to "major defense acquisition programs."

The transition to increased performance of combined/integrated operational testing is underway across US Army Test and Evaluation Command (ATEC) ranges and will involve test centers that previously did not perform operational testing. Therefore it is expected that the OCI restrictions of 10 USC §2399 will apply to more ATEC test center service support contracts going forward.

2. Describe any command directed contract changes that will change the way ATEC or any of the subordinate commands, do business in the future. Will it be different in the future?

Answer:
Please see the answer to Question 1, above.

3. When does being an acquisition system developer, or subcontractor, or subsidiary precludes participation in ATEC test center support contracts?

Answer:
A systems developer will be precluded from participation in ATEC test center support contracts when an OCI cannot be avoided, neutralized, or mitigated. In general, an actual or potential "overlapping" or conflicting performance pertaining to system/component development, in virtually any manner or capacity, and the testing of that same system/component performed by the supported ATEC test center(s) will give rise to the possibility of an organizational conflict of interest.

4. Does serving as a SETA (systems engineering and technical assistance) contractor for any program office preclude participation in any offering regardless of which Service that program office supports if that system is tested at an ATEC test center?

Answer:
A potential OCI may exist "across" Service lines (i.e., Army, Navy, Air Force, etc.) if the system is/will be tested at the supported ATEC test center. In its response offer to the applicable test support RFP, the contractor would be best advised to submit a mitigation plan addressing any/all potential OCIs based on its program office support.

5. Does serving as a SETA contractor for a program office preclude providing Test Services at a Test Center for a program developed by that program office?

Answer:
Most likely serving as a SETA contractor for a program office, while providing test services at an ATEC test center for a program developed by that program office, would give rise to at least a potential OCI - which should be addressed in the offeror's mitigation plan.

6. Our company supports US Army PEO (Program Executive Officer) and PM (Program Manager) offices in an A&AS (advisory and assistance services) role. We understand we are prohibited from working directly on T&E support activities; but can we support ATEC in capacities not directly related to T&E (such as administrative, security, etc.)?

Answer:
Circumstances creating the appearance of a conflict, such as supporting both a program office and ATEC test centers, should be addressed in the offeror's mitigation plan. Where there is clear functional separation between the support provided to the program office and the test support provided to ATEC, it is more likely that an apparent OCI may be satisfactorily mitigated. Although separate functional lines usually will not give rise to "implied objectivity" OCIs, separate functional lines may nevertheless provide a conduit for "unequal access to information" OCIs, which need to be satisfactorily addressed in an offeror's mitigation plan.

7. Is my company "OCI'd" from work with ATEC in an Advisory and Assistance or SETA capacity if we support PEOs or PMs that acquire systems not under test and evaluation with ATEC?

Answer:
In the case where there is absolutely no "overlap" or conflict between a contractor's system development elsewhere and supporting an ATEC test center not testing that system, it is most likely that an actual or potential OCI would not be found to exist.

8. If a contractor is supporting, for example, US Army Tank-automotive and Armaments Command (TACOM) on vehicle improvement and modernization efforts, will that contractor still be eligible to perform independent ATEC test and evaluation work on the same family of vehicles.

Answer:
This type of direct involvement in system development (for the program office) would be expected to raise the potential of an OCI for providing ATEC test support services. The offeror would be best advised to include in its mitigation plan the potential OCI caused by its program office support.

9. How will ATEC determine OCI for IDIQ (indefinite delivery/indefinite quantity) contracts that support PMs and PEOs? Will it be at the contract level or based on the task order provided support?

Answer:
OCIs may arise at any point during the acquisition process or contract performance, as circumstances arise. For example, a change in requirements or a change in business actions/practices of an incumbent contractor may immediately give rise to an OCI.

10. Will ATEC Leadership utilize small business with zero or limited COI (conflicts of interest), here at APG to support OTE (operational test and evaluation)?

Answer:
Test support services contracts will be awarded through the normal acquisition process. Where such services support operational testing, required application of 10 USC §2399 can be expected to result in awards for those contractors able to avoid, neutralize, satisfactorily mitigate, or otherwise resolve all actual or potential OCIs.

11. Does serving as an ATEC or AEC contractor preclude providing Test support services at a Test Center?

Answer:
Serving as an ATEC Headquarters or ATEC Army Evaluation Center contractor may require application of the OCI provisions from 10 USC §2399, in that certain actions/evaluations pertaining to operational testing may be required.

12. Who will determine when OCI is an issue?

Answer:
A Contacting Officer from the supervising Army Contracting Command or Mission Installation Contracting Command office will determine whether actual or potential OCIs exist, and if so, whether they can be satisfactorily avoided, neutralized, or mitigated.

General Questions

1. Please state whether the ATC, EPG, OTC, WSMR, YPG, DPG, and RTC solicitations will be FFP, or cost plus, or some variation. What will be the duration of the award in years for each solicitation?

Answer:
All future solicitations will be based on need of the organization to include the type of contract as well as the duration in order to comply with existing contracting directives.

2. Can a single ATEC contractor be awarded multiple range support contracts? Is there a limit?

Answer:
A single ATEC contractor can be awarded multiple range support contracts provided they were determined to be the successful offeror. There is not a limit on the number of awards to a single offeror.

3. The FedBizOpps EPG Sources Sought notice states that the RFP will be released in December 2012, with performance beginning in July 2014. Please explain the long duration between RFP release and contract start.

Answer:
Depending on the size and complexity of the RFP, many months are needed to advertise the requirement, evaluate proposals, and award the contract.

4. Will the OTC contract remain at Ft. Hood, Texas?

Answer:
ATEC will be conducting a study to determine how to get more efficient in managing contracts. This may/may not include consolidation of contracts across the command.

5. Will ATEC seek 5-year contract terms for ITS large support contracts?

Answer:
It all depends on the requirement and the Contracting Office awarding the contract.

6. What is the schedule for the release of solicitations for ATC, EPG, OTC, WSMR, YPG, DPG, and RTC?

Answer:
All Contracting Opportunities charts are posted on the website under Briefings.

7. Will oral presentations be the primary element of the proposals for the ATC, EPG, WSMR and YPG range support solicitations?

Answer:
It all depends on the requirement and the Contracting Office awarding the contract.

8. To what extent should we expect the contract format for new contracts to steer clear of Time & Materials? T&M is the only appropriate format for professional support services where the list of programs in need of support is uncertain. Performing the same type of work under Cost Plus Fixed Fee has proven to be challenging and cumbersome for both the Government and the Contractor.

Answer:
Based on existing contracting guidance, it will be hard to justify and award a T&M contract. Therefore, most future contracts will be something other than T&M.

9. What are upcoming opportunities set aside for small business?

Answer:
All Contracting Opportunities charts are posted on the website under Briefings.

10. Given projected cuts in defense spending particularly to R&D, how does that impact ATEC?

Answer:
ATEC is currently in the process of reviewing our contracts for better buying power through efficiencies. Contract consolidations and reductions will be one way to absorb these cuts.

11. What is ATEC's evaluation plan to validate Large Business are meeting and maintaining Small Business requirements?

Answer:
Each solicitation contains its own evaluation plan. The Contracting Office is responsible to ensure Small Business requirements goals and requirements are met.

12. A recent ATEC briefing showed numerous missions moving from EPG, YPG, DPG, OTC, and other locations to WSMR. Are these missions (with supporting employees and contracts) actually transferring to WSMR, or are they just going to be done at that location?

Answer:
Without knowing specifics, this question cannot be addressed. However, all ATEC contracts are continually scrutinized to ensure the Government is getting the most for our money and the contract makes sense.

13. Is ATEC going to in-source its T&E functions? If so, in what areas?

Answer:
At this time, no plans are in place to in-source ATEC’s T&E functions.

14. With ATEC moving to Aberdeen, will the command structure of ATEC be further consolidated across the test centers, and how so?

Answer:
At this time, no future consolidations are planned at ATEC.

15. When will the presentation slides be posted on the website?

Answer:
All presentation slides are posted on the website under Briefings.




	OCI Questions \| General Questions OCI Related Questions 1. What is the likely effect of OCI concerns with regard to major weapons systems vendors doing test and evaluation (T&E)? When do you expect this transition to be done? Answer: In ATEC Policy Bulletin 11-2, Organization Conflicts of Interest (OCI) Involving Contractors in Support of ATEC Test and Evaluation (T&E), dated April 19, 2011, the ATEC Commanding General notes that the command is experiencing "a dramatic increase in the use of combined developmental and operation testing." In turn, operational testing, by itself or when combined/integrated with developmental testing, is subject to the unique and relatively more restrictive OCI provisions of 10 USC §2399, Operational Test and Evaluation of Defense Acquisition Programs. These provisions explicitly apply to "major defense acquisition programs." The transition to increased performance of combined/integrated operational testing is underway across US Army Test and Evaluation Command (ATEC) ranges and will involve test centers that previously did not perform operational testing. Therefore it is expected that the OCI restrictions of 10 USC §2399 will apply to more ATEC test center service support contracts going forward. 2. Describe any command directed contract changes that will change the way ATEC or any of the subordinate commands, do business in the future. Will it be different in the future? Answer: Please see the answer to Question 1, above. 3. When does being an acquisition system developer, or subcontractor, or subsidiary precludes participation in ATEC test center support contracts? Answer: A systems developer will be precluded from participation in ATEC test center support contracts when an OCI cannot be avoided, neutralized, or mitigated. In general, an actual or potential "overlapping" or conflicting performance pertaining to system/component development, in virtually any manner or capacity, and the testing of that same system/component performed by the supported ATEC test center(s) will give rise to the possibility of an organizational conflict of interest. 4. Does serving as a SETA (systems engineering and technical assistance) contractor for any program office preclude participation in any offering regardless of which Service that program office supports if that system is tested at an ATEC test center? Answer: A potential OCI may exist "across" Service lines (i.e., Army, Navy, Air Force, etc.) if the system is/will be tested at the supported ATEC test center. In its response offer to the applicable test support RFP, the contractor would be best advised to submit a mitigation plan addressing any/all potential OCIs based on its program office support. 5. Does serving as a SETA contractor for a program office preclude providing Test Services at a Test Center for a program developed by that program office? Answer: Most likely serving as a SETA contractor for a program office, while providing test services at an ATEC test center for a program developed by that program office, would give rise to at least a potential OCI - which should be addressed in the offeror's mitigation plan. 6. Our company supports US Army PEO (Program Executive Officer) and PM (Program Manager) offices in an A&AS (advisory and assistance services) role. We understand we are prohibited from working directly on T&E support activities; but can we support ATEC in capacities not directly related to T&E (such as administrative, security, etc.)? Answer: Circumstances creating the appearance of a conflict, such as supporting both a program office and ATEC test centers, should be addressed in the offeror's mitigation plan. Where there is clear functional separation between the support provided to the program office and the test support provided to ATEC, it is more likely that an apparent OCI may be satisfactorily mitigated. Although separate functional lines usually will not give rise to "implied objectivity" OCIs, separate functional lines may nevertheless provide a conduit for "unequal access to information" OCIs, which need to be satisfactorily addressed in an offeror's mitigation plan. 7. Is my company "OCI'd" from work with ATEC in an Advisory and Assistance or SETA capacity if we support PEOs or PMs that acquire systems not under test and evaluation with ATEC? Answer: In the case where there is absolutely no "overlap" or conflict between a contractor's system development elsewhere and supporting an ATEC test center not testing that system, it is most likely that an actual or potential OCI would not be found to exist. 8. If a contractor is supporting, for example, US Army Tank-automotive and Armaments Command (TACOM) on vehicle improvement and modernization efforts, will that contractor still be eligible to perform independent ATEC test and evaluation work on the same family of vehicles. Answer: This type of direct involvement in system development (for the program office) would be expected to raise the potential of an OCI for providing ATEC test support services. The offeror would be best advised to include in its mitigation plan the potential OCI caused by its program office support. 9. How will ATEC determine OCI for IDIQ (indefinite delivery/indefinite quantity) contracts that support PMs and PEOs? Will it be at the contract level or based on the task order provided support? Answer: OCIs may arise at any point during the acquisition process or contract performance, as circumstances arise. For example, a change in requirements or a change in business actions/practices of an incumbent contractor may immediately give rise to an OCI. 10. Will ATEC Leadership utilize small business with zero or limited COI (conflicts of interest), here at APG to support OTE (operational test and evaluation)? Answer: Test support services contracts will be awarded through the normal acquisition process. Where such services support operational testing, required application of 10 USC §2399 can be expected to result in awards for those contractors able to avoid, neutralize, satisfactorily mitigate, or otherwise resolve all actual or potential OCIs. 11. Does serving as an ATEC or AEC contractor preclude providing Test support services at a Test Center? Answer: Serving as an ATEC Headquarters or ATEC Army Evaluation Center contractor may require application of the OCI provisions from 10 USC §2399, in that certain actions/evaluations pertaining to operational testing may be required. 12. Who will determine when OCI is an issue? Answer: A Contacting Officer from the supervising Army Contracting Command or Mission Installation Contracting Command office will determine whether actual or potential OCIs exist, and if so, whether they can be satisfactorily avoided, neutralized, or mitigated. General Questions 1. Please state whether the ATC, EPG, OTC, WSMR, YPG, DPG, and RTC solicitations will be FFP, or cost plus, or some variation. What will be the duration of the award in years for each solicitation? Answer: All future solicitations will be based on need of the organization to include the type of contract as well as the duration in order to comply with existing contracting directives. 2. Can a single ATEC contractor be awarded multiple range support contracts? Is there a limit? Answer: A single ATEC contractor can be awarded multiple range support contracts provided they were determined to be the successful offeror. There is not a limit on the number of awards to a single offeror. 3. The FedBizOpps EPG Sources Sought notice states that the RFP will be released in December 2012, with performance beginning in July 2014. Please explain the long duration between RFP release and contract start. Answer: Depending on the size and complexity of the RFP, many months are needed to advertise the requirement, evaluate proposals, and award the contract. 4. Will the OTC contract remain at Ft. Hood, Texas? Answer: ATEC will be conducting a study to determine how to get more efficient in managing contracts. This may/may not include consolidation of contracts across the command. 5. Will ATEC seek 5-year contract terms for ITS large support contracts? Answer: It all depends on the requirement and the Contracting Office awarding the contract. 6. What is the schedule for the release of solicitations for ATC, EPG, OTC, WSMR, YPG, DPG, and RTC? Answer: All Contracting Opportunities charts are posted on the website under Briefings. 7. Will oral presentations be the primary element of the proposals for the ATC, EPG, WSMR and YPG range support solicitations? Answer: It all depends on the requirement and the Contracting Office awarding the contract. 8. To what extent should we expect the contract format for new contracts to steer clear of Time & Materials? T&M is the only appropriate format for professional support services where the list of programs in need of support is uncertain. Performing the same type of work under Cost Plus Fixed Fee has proven to be challenging and cumbersome for both the Government and the Contractor. Answer: Based on existing contracting guidance, it will be hard to justify and award a T&M contract. Therefore, most future contracts will be something other than T&M. 9. What are upcoming opportunities set aside for small business? Answer: All Contracting Opportunities charts are posted on the website under Briefings. 10. Given projected cuts in defense spending particularly to R&D, how does that impact ATEC? Answer: ATEC is currently in the process of reviewing our contracts for better buying power through efficiencies. Contract consolidations and reductions will be one way to absorb these cuts. 11. What is ATEC's evaluation plan to validate Large Business are meeting and maintaining Small Business requirements? Answer: Each solicitation contains its own evaluation plan. The Contracting Office is responsible to ensure Small Business requirements goals and requirements are met. 12. A recent ATEC briefing showed numerous missions moving from EPG, YPG, DPG, OTC, and other locations to WSMR. Are these missions (with supporting employees and contracts) actually transferring to WSMR, or are they just going to be done at that location? Answer: Without knowing specifics, this question cannot be addressed. However, all ATEC contracts are continually scrutinized to ensure the Government is getting the most for our money and the contract makes sense. 13. Is ATEC going to in-source its T&E functions? If so, in what areas? Answer: At this time, no plans are in place to in-source ATEC’s T&E functions. 14. With ATEC moving to Aberdeen, will the command structure of ATEC be further consolidated across the test centers, and how so? Answer: At this time, no future consolidations are planned at ATEC. 15. When will the presentation slides be posted on the website? Answer: All presentation slides are posted on the website under Briefings.