Overview
This section outlines the mandatory duties of Contracting Officers (COs) to identify, evaluate, and resolve organizational conflicts of interest (OCI) early in the procurement cycle. It establishes a framework for balancing the need to protect the integrity of the acquisition process with the goal of avoiding unnecessary administrative burdens.
Key Rules
- Proactive Analysis: COs must analyze planned acquisitions as early as possible to identify potential OCIs and take action to avoid, neutralize, or mitigate significant conflicts prior to contract award.
- Required Consultation: COs are directed to seek advice from legal counsel and technical specialists when evaluating conflicts and drafting OCI-related solicitation provisions or clauses.
- HCA Involvement: Before issuing a solicitation where a significant potential conflict exists, the CO must recommend a course of action for resolution to the Head of the Contracting Activity (HCA).
- Documentation Standard: Formal documentation is only required when a substantive OCI issue exists; COs are encouraged to avoid creating excessive documentation or unnecessary delays for minor issues.
- Due Process for Offerors: If a CO intends to withhold an award due to an unmitigated conflict, they must first notify the contractor, provide the reasons, and allow a reasonable opportunity for the contractor to respond.
- Waiver Authority: If an award is in the best interest of the Government despite a conflict, the CO may request a waiver under FAR 9.503.
Practical Implications
- Early Intervention: For contractors, this means OCI concerns should be addressed during the pre-solicitation phase, as COs are required to have a mitigation strategy in place before the solicitation is even released.
- Risk Mitigation: Contractors should be prepared to provide detailed OCI mitigation plans, but they are also protected from arbitrary disqualification by the requirement that COs provide a "right to respond" before withholding an award.