9.506
Procedures
FAR 9.506 requires contracting officers to systematically identify, analyze, and resolve organizational conflicts of interest before contract award, ensuring transparency and integrity in the procurement process.
Overview
FAR 9.506 outlines the procedures contracting officers must follow to identify, evaluate, and address potential organizational conflicts of interest (OCI) in government acquisitions. The section details steps for gathering information, preparing analyses and recommendations, obtaining approvals, and including appropriate provisions and clauses in solicitations and contracts. It also covers the responsibilities of both contracting officers and approving officials, as well as requirements for transferring acquisition responsibility when restrictions are in place.
Key Rules
- Information Gathering
- Contracting officers should first seek OCI-related information from internal government sources, then from external sources if necessary.
- Analysis and Approval
- For acquisitions with significant OCI potential, a written analysis and recommended actions must be submitted for approval before solicitation issuance.
- Drafting Provisions and Clauses
- Draft solicitation provisions and, if appropriate, contract clauses must be prepared and submitted with the analysis.
- Approval Process
- The approving official reviews, considers impacts, and approves, modifies, or rejects recommendations in writing.
- Implementation and Resolution
- Approved provisions/clauses are included in solicitations/contracts, and conflicts must be resolved before award.
- Transfer of Acquisition Responsibility
- If acquisition responsibility is transferred, the successor office must be notified of any restrictions and provided relevant contract documentation.
Responsibilities
- Contracting Officers: Gather information, prepare analyses, draft provisions/clauses, obtain approvals, include approved language in solicitations/contracts, and resolve conflicts before award.
- Contractors: Respond to solicitation requirements and provide information relevant to potential OCIs.
- Agencies/Approving Officials: Review and approve or modify OCI analyses and recommendations; ensure continuity of restrictions during acquisition transfers.
Practical Implications
- This section ensures OCIs are proactively identified and managed to protect the integrity of the procurement process.
- Contracting officers must follow a structured process, which can be time-consuming and requires thorough documentation.
- Failure to properly address OCIs can result in protest, contract delays, or post-award challenges.