This clause has not been authorized for official release. We recommend deferring to the text of the clause in your RFP or contract.
5252.209-9203 ORGANIZATIONAL CONFLICT OF INTEREST (ACCESS TO PROPRIETARY INFORMATION) (DEC 1999)
(a) This task order provides for the Contractor to provide technical evaluation and/or advisory and assistance services in support of [ ]. The parties recognize that by the Contractor providing this support a potential conflict of interest arises as described by FAR 9.505-3 and FAR 9.505-4.
(b) For the purpose of this clause, the term "contractor" means the contractor, its subsidiaries and affiliates, joint ventures involving the contractor, any entity with which the contractor may hereafter merge or affiliate, and any other successor or assignee of the contractor.
(c) The Contractor agrees to execute agreements with companies flllllishing proprietrny data in connection with work performed nnder this task order, which obligates the Contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietrny, and to furnish copies of such agreements to the Contracting Officer. The Contractor further agrees that such proprietaiy data shall not be used in performing additional work for the Department of Defense in the same field as work performed nnder this task order whether as a prime, consultant or subcontractor at any tier.
(d) The contractor shall, within 15 days after the effective date of this task order, provide, in writing, to the Contracting Officer, a representation that all employees, agents and subcontractors involved in the performance of this contract have been informed of the provisions of this clause. Any subcontractor that performs any work relative to this task order shall be subject to this clause. The contractor agrees to place in each subcontract affected by these provisions the necessrny language contained in this clause.
(e) The Contractor further agrees that it will not perform technical evaluations as described in the SOW for any product it has designed, developed, or manufactured in whole or in part. The Contractor further agrees to notify the Contracting Officer should it be tasked to conduct such technical evaluations on such products and to take no action unless directed to do so by the Contracting Officer.
(f) The Contractor acknowledges the full force and effect of this clause. It agrees to be bonnd by its terms and conditions and rmderstands that violation of this clause may, in the judgment of the Contracting Officer, be cause for Termination for Default nnder FAR 52.249-6. The Contractor also acknowledges that this does not represent the sole and exclusive remedy available to the government in the event the Contractor breaches this or any other Organizational Conflict of Interest clause.
(End of clause0
Any subcontractor that performs any work relative to this contract shall be subject to this clause.