Overview
This section defines the purpose and boundaries of FAR Subpart 9.5, establishing the framework for identifying, evaluating, and resolving organizational conflicts of interest (OCI). It ensures that the government receives impartial advice and maintains a fair competitive environment.
Key Rules
- Administrative Framework: Establishes the formal responsibilities and procedures for managing OCIs throughout the acquisition process.
- Guidance through Illustration: Mandates the inclusion of practical examples to assist Contracting Officers in applying complex OCI concepts to specific procurement scenarios.
- Statutory Basis: Formally implements Section 8141 of the 1989 Department of Defense Appropriation Act, providing the legal foundation for OCI enforcement.
Practical Implications
- Contracting Officers are required to use this subpart as the primary regulatory roadmap for determining if a contractor's past, present, or planned interests might result in an unfair competitive advantage or biased performance.
- The inclusion of examples in the subpart helps bridge the gap between abstract legal requirements and real-world procurement decisions, reducing the risk of protests related to OCI determinations.