HSAR 3052.209-75 Prohibited Financial Interests for Lead System Integrators Basic (Jul 2010)

As prescribed in (HSAR) 48 CFR 3009.570-4(b),

PROHIBITED FINANCIAL INTERESTS FOR LEAD SYSTEM INTEGRATORS (JUL 2010) 

(a) Definitions. As used in this clause—

  • (1) “Direct financial interest,” for the purpose of this clause and contract, and subject to exceptions set forth 6 U.S.C. 396(b) as implemented, means:

    (2) “Lead system integrator” includes “lead system integrator with system responsibility” and “lead system integrator without system responsibility.”

    (3) “Lead system integrator with system responsibility” means a prime contractor for the development or production of a major system, if the prime contractor is not expected at the time of award to perform a substantial portion of the work on the system and the major subsystems.

    (4) “Lead system integrator without system responsibility” means a prime contractor under a contract for the procurement of services, the primary purpose of which is to perform acquisition functions closely associated with inherently governmental functions (see section 7.503(d) of the Federal Acquisition Regulation) with regard to the development or production of a major system.

    (5) The phrase “substantial portion of the work,” as used in the definition of “lead system integrator with system responsibility,” may relate to the dollar value of the effort or to the criticality of the effort performed.

      • (i) Developing or constructing any individual system or element of any system of systems for which the Contractor is the lead system integrator;

        (ii) Owning or being in a position to exert corporate control over a subcontractor at any level under the prime contract;

        (iii) Owning, or being in a position to exert corporate control over an entity that either—

        (iv) Participating or sharing in the profits of another firm’s development or construction of any individual system or element of any system of systems for which the Contractor is the lead system integrator or agreeing to participate in the profits of the firm from such development or construction.

        • (A) Is a subcontractor at any level under the prime contract, or

          (B) Owns or is in a position to control another entity that is a subcontractor at any level under the prime contract; and

(b) Limitations. The Contracting Officer has determined that the Contractor meets the definition of lead system integrator with [ ] without [ ] system responsibility. Unless an exception is granted, the Contractor shall not have any direct financial interest in the development or construction of any individual system or element of any system of systems while performing lead system integrator functions in the acquisition of a major system by the Department of Homeland Security under this contract.

(c) Agreement. The Contractor agrees that during performance of this contract it will not acquire any direct financial interest as described in paragraph (b) of this clause, or, if it does acquire or plan to acquire such interest, it will immediately notify the Contracting Officer. The Contractor further agrees to provide to the Contracting Officer all relevant information regarding the change in financial interests so that the Contracting Officer can determine whether an exception applies or whether the Contractor will be allowed to continue performance on this contract. If an organizational conflict of interest in the performance of this contract that is attributable to the Contractor’s direct financial interest cannot be avoided, eliminated, or mitigated to the Contracting Officer’s satisfaction, the Contracting Officer may terminate this contract for default or may take other remedial measures as appropriate in the Contracting Officer’s sole discretion.

(d) Notwithstanding any other clause of this contract, if the Contracting Officer determines that the Contractor misrepresented its financial interests at the time of award or has violated the agreement in paragraph (c) of this clause, the Government may terminate this contract for default or may take other remedial measures as appropriate in the Contracting Officer’s sole discretion.

(e) This clause implements the requirements of 6 U.S.C. 396, as added by Section 6405 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, And Iraq Accountability Appropriations Act, 2007 (Pub. L. 110-28).

(End of clause)

NONE

Subcontractor ✖ 

52.203-16 Preventing Personal Conflicts of Interest.

252.209-7006 Limitations on Contractors Acting as Lead System Integrators.

252.209-7007 Prohibited Financial Interests for Lead System Integrators.

252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest—Major Defense Acquisition Program.

252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition Program.

1852.209-71 Limitation of Future Contracting.

1852.237-72 Access to Sensitive Information.

5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007)

5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST

5252.209-9201 Organizational Conflict of Interest (Systems Engineering)

5252.209-9202 Organizational Conflict of Interest (Specification Preparation)

5252.209-9203 Organizational Conflict of Interest (Access To Proprietary Information)

5252.209-9205 Organizational Conflict of Interest

5252.209-9206 Employment of Navy Personnel Restricted

5252.227-9207 Limited Release of Contractor Confidential Business Information

5252.237-9603 Required Information Assurance and Personnel Security Requirements for Accessing Government Information Systems and Nonpublic Information

5252.209-9513 ORGANIZATIONAL CONFLICT OF INTEREST INSTRUCTIONS (SERVICES) (NAVAIR)

3052.209-72 Organizational Conflict of Interest.

3052.209-73 Limitation of future contracting.

3052.209-74 Limitations on Contractors Acting as Lead System Integrators

5352.209-9000 Organizational Conflict of Interest

5352.209-9001 Potential Organizational Conflict of Interest

752.209-71 Organizational conflicts of interest discovered after award.

952.209-8 Organizational conflicts of interest-disclosure.

952.209-72 Organizational conflicts of interest.

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