Space Based Infrared Systems (SBIRS) Organizational Conflict of Interest (OCI)
Mitigation Plan for SBIRS Low Component Program
The purpose of the SBIRS OCI Mitigation Plan is to outline the actions the government will establish and implement in the SBIRS High Component Program to ensure objectivity and best value for the SBIRS Low Component Program. The SBIRS OCI Mitigation Plan identifies procedures and processes to ensure fair competition, protect proprietary data, and mitigate potential SBIRS High Component Program Contractor bias or unfair advantages.
Lockheed Martin Missiles & Space (LMMS), the SBIRS High Component Contractor, is responsible for two roles under Total System Performance Responsibility (TSPR), 1) SBIRS High and 2) SBIRS System-of-Systems (SoS). SBIRS High responsibilities include the GEO space segment, HEO sensors and consolidated ground segment. SBIRS SoS responsibilities includes maintaining ORD requirements flowdown to High/Low components, verification of combined High/Low systems performance and defining external system interface requirements. Based on a review of Federal Acquisition Regulation (FAR) Part 9.505-1 "Providing systems engineering and technical direction", Part 9.505-3 "Providing technical evaluation or advisory and assistance services", and FAR 9.505-4 "Obtaining access to proprietary information", potential OCI issues only concern LMMS’s SoS responsibilities. Therefore, the focus of this plan is on LMMS’s role as the SoS Contractor.
FIREWALLS: Firewalls will preclude LMMS from unfairly influencing the SBIRS Low competition by separating LMMS SBIRS SoS and designated High team members from all potential SBIRS Low competitors, including the LMMS SBIRS Low team. Firewalls will be maintained until SBIRS Low EMD contract award (see figure below).
Actions associated with the firewalls include:
1) SBIRS SoS and designated High Team members will be restricted from participating on or supporting the LMMS SBIRS Low Team.
2) SBIRS SoS and designated High Team members will be physically separated from and share no resources with the LMMS SBIRS Low Team, except as identified to the Government.
3) SBIRS SoS and designated High Team members will disclose SoS or SBIRS Low competition sensitive or proprietary information only to the Government.
4) SBIRS SoS and designated High Team members, includingas well as any consultants and subcontractors supporting SoS activities, will sign personal non-disclosure statements , making them personally liable for disclosure of SoS, competition sensitive, or proprietary information or products to any persons who are not Government personnel, Government support contractors, or SBIRS SoS or designated High Team members with a need to know.potential SBIRS Low competitor.
5) SBIRS SoS and High Teams will be trained on protection requirements in accordance with FAR 9.5, Organizational Conflicts of Interest.
PROCEDURES: Additional procedures and processes will mitigate potential LMMS bias or unfair advantages.
These actions include the following:
1) The Government will establish an open access library. The LMMS SBIRS Low Team will have access to SoS and High data, models, and software only through the same processes as all other SBIRS Low competitors.
2) SBIRS Low qualified competitors will be invited to participate in non-proprietaryopen sessions of the SBIRS High system-level design reviewsPDR and CDR, Ground Segment majorIncrement 1 Final Ddesign Rreviews, and Low-Component-to-High-ComponentHigh/Low Interface Control Worrking Group meetings. The purpose of the Low-Component-to-High-Component ICWG is to define the interface between the High and Low components and to provide timely exchange of information between the SBIR High contractor and qualified potential SBIR Low contractors about the SBIRS Ground Segment design and CONOPS.
3) In preparation for Pre-EMD and EMD, SBIRS Low qualified competitors will be invited to review the Requirements Allocation Document (RAD), the Low Component Cost Analysis Requirements Description (CARD), and Interface Control Documents (ICDs). This process assists the Government in determining affordability and performance goals for pre-EMD. As an example, the figure below depicts the CARD review process.
4) Quarterly SBIRS Low Industry Forums will be held to provide qualified potential SBIRS Low competitors information about the SBIRS Low program. Answers to questions the government chooses to answer will be provided in writing to all qualified potential Low competitors. Forums will include presentations by the SoS contractor on the current status, data, and decision rationale on SBIR High/Low architectures, trades, and requirements. During Industry Forums, SBIR Low competitors may present to the Government proprietary and competition sensitive data on their technical approaches, comments on the EMD acquisition strategy, and comments on the driving requirements and their impacts.
5) An Independent Review Team (IRT) will be established to review perceived or actual OCI as requested by industry and will be convened as needed by SMC/MT. The IRT will assess the merits of the issue and define alternatives when appropriate.
6) The SBIRS Testbed models will be provided to the SBIRS Low Pre-EMD contractors on an equal basis. mpetitors, except for pProprietary models will not be provided. Selected SBIR Low personnel, who have signed non-disclosure agreements, will have access to the proprietary models at LMMS. LMMS will provide reasonable technical support to each Low contractor while in the LMMS facility to facilitate understanding and operation of the models. LMMS will not provide technical support outside their facility nor provide testbed users’ manuals or technical support.
7) LMMS SoS involvement in the SBIRS Low EMD proposal process will be restricted to operating the SBIRS SoS Testbed for the sufficiency review of Low competitors’ High/Low performance against threshold requirements. During Pre-EMD, the testbed operators will interact with all Low competitors to accurately model their approach and will be separated from the remainder of the LMMS SoS/High teams and will interact with all Low competitors to: a) accurately model their approach and b) assist Low competitors in understanding and operating the models. SoS involvement in the EMD proposal process will terminate at Call For Improvements (CFI) proposal receipt. (see figure below)
8) The SBIRS High EMD contract will incorporate the "Avoidance of Organizational Conflict of Interest (OCI) Regarding the SBIRS Low Component Program" contract clause, requiring the "Plan for Avoidance of Organizational Conflict of Interest (OCI) Regarding the SBIRS Low Component ProgramEnsuring Fair and Open Competition for the SBIRS Low Component Acquisition" to be contractually binding.
9) The Government will promptly inform the affected SBIRS Low competitorcontractor(s) of all violations breaches of this pPlan, as defined in 8) above.
Approved by: _________/s/__________________ 27 Jun 97
JEFFERY A. QUIRK, Col, USAF Date
Deputy Program Director
Space Based Infrared Systems