9.505-3
Providing evaluation services
Contractors cannot evaluate their own or competitors’ offers for government contracts unless strict safeguards are in place to ensure objectivity.
Overview
FAR 9.505-3 addresses the potential conflict of interest when contractors are involved in evaluating offers for products or services. Specifically, it prohibits awarding evaluation contracts to any contractor who would be evaluating its own offers or those of its competitors unless adequate safeguards are in place to ensure objectivity and protect the Government’s interests. This rule is designed to maintain the integrity and impartiality of the evaluation process in government contracting.
Key Rules
- Prohibition on Self-Evaluation
- Contractors cannot be awarded contracts to evaluate their own offers or those of their competitors unless proper safeguards are implemented.
- Requirement for Safeguards
- If a contractor must evaluate its own or competitors’ offers, the contracting officer must ensure that safeguards are in place to guarantee objectivity and protect the Government’s interests.
Responsibilities
- Contracting Officers: Must avoid awarding evaluation contracts to conflicted contractors or ensure safeguards are in place if unavoidable.
- Contractors: Must disclose potential conflicts and comply with any required safeguards if involved in evaluation services.
- Agencies: Must oversee the evaluation process to ensure impartiality and compliance with conflict of interest rules.
Practical Implications
- This rule exists to prevent conflicts of interest and ensure fair competition in government procurements.
- It impacts how agencies select contractors for evaluation services and requires careful vetting for potential conflicts.
- Common pitfalls include failing to identify conflicts or not implementing adequate safeguards, which can lead to protests or contract challenges.