9.500
Scope of subpart
FAR 9.500 establishes the framework for identifying, evaluating, and resolving organizational conflicts of interest in federal contracting.
Overview
- FAR 9.500 defines the scope of Subpart 9.5, which addresses organizational and consultant conflicts of interest (OCI) in government contracting. This section outlines the responsibilities, general rules, and procedures for identifying, evaluating, and resolving OCIs. It also provides examples to help contracting officers apply these rules to specific situations and implements statutory requirements from the 1989 Department of Defense Appropriation Act.
Key Rules
- Responsibilities and Procedures for OCIs
- Establishes the need for contracting officers to identify, evaluate, and resolve organizational conflicts of interest.
- Application Guidance
- Offers examples to assist contracting officers in applying OCI rules and procedures to real-world contracting scenarios.
- Statutory Implementation
- Implements requirements from section 8141 of the 1989 Department of Defense Appropriation Act, ensuring statutory compliance.
Responsibilities
- Contracting Officers: Must follow prescribed rules and procedures to identify, evaluate, and resolve OCIs, using provided examples as guidance.
- Contractors: Should be aware that their organizational structure and relationships may be scrutinized for potential conflicts of interest.
- Agencies: Must ensure compliance with both FAR and statutory requirements regarding OCIs.
Practical Implications
- This section exists to prevent unfair competitive advantages and ensure integrity in the procurement process by addressing OCIs.
- It impacts daily contracting by requiring proactive identification and management of potential conflicts.
- Common pitfalls include failing to recognize or properly mitigate OCIs, which can lead to protests, contract termination, or legal consequences.