9.507
Solicitation provisions and contract clause
FAR 9.507 requires contracting officers to include specific provisions and clauses in solicitations and contracts to identify, disclose, and mitigate organizational conflicts of interest.
Overview
FAR 9.507 addresses the use of solicitation provisions and contract clauses to manage organizational and consultant conflicts of interest (OCI) in federal contracting. This section directs contracting officers to include specific provisions and clauses in solicitations and contracts when an OCI is identified or anticipated. The goal is to ensure transparency, fairness, and integrity in the procurement process by requiring contractors to disclose potential conflicts and comply with restrictions designed to mitigate them.
Key Rules
- Solicitation Provisions (9.507-1)
- Contracting officers must insert appropriate OCI-related provisions in solicitations when a potential conflict of interest exists or may arise.
- Contract Clause (9.507-2)
- Contracts must include clauses that outline the contractor’s obligations regarding OCIs, including restrictions on future contracting and requirements for disclosure and mitigation.
Responsibilities
- Contracting Officers: Must assess potential OCIs and include the correct provisions and clauses in solicitations and contracts.
- Contractors: Must review, understand, and comply with OCI provisions and clauses, including disclosure and mitigation requirements.
- Agencies: Oversee compliance with OCI requirements and ensure conflicts are properly managed.
Practical Implications
- This section ensures that all parties are aware of and address OCIs early in the procurement process.
- Failure to include or comply with these provisions can result in contract disputes, disqualification, or legal challenges.
- Contractors should proactively identify and disclose any potential OCIs to avoid compliance issues.