C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER B—ACQUISITION PLANNING › PART 9—CONTRACTOR QUALIFICATIONS › Subpart 9.5—Organizational and Consultant Conflicts of Interest

48 C.F.R. § 9.501

9.501 Definition.

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Marketing consultant, as used in this subpart, means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering—

(1) Services excluded in subpart 37.2;

(2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities);

(3) Routine legal, actuarial, auditing, and accounting services; and

(4) Training services.

[55 FR 42685, Oct. 22, 1990, as amended at 66 FR 2128, Jan. 10, 2001]
Notes of Decisions
Cited in 4 cases, 1996–2000 · leading case: Metric Sys. Corp. v. United States, 42 Fed. Cl. 306 (Fed. Cl. 1998).
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Metric Sys. Corp. v. United States, 42 Fed. Cl. 306 (Fed. Cl. 1998). “48 C.F.R. § 9.501 (b) (1994). The FAR further provides that: (b) [Organizational conflicts of interest are more likely to occur in contracts involving— (1) Management support services; (2) Consultant or other professional services; (3) Contractor performance of or assistance in…”
Informatics Corp. v. United States, 40 Fed. Cl. 508 (Fed. Cl. 1998). “501, 48 C.F.R. § 9.501 (1997). . The Air Force interpreted the word "system” to mean "the totality of SETA contract projects and tasks in support of AFCEE’s environmental programs.”
DSD Labs., Inc. v. United States, 46 Fed. Cl. 467 (Fed. Cl. 2000). “48 C.F.R. § 9.501 (1999). “A conflict of interest exists when the contractor’s objectivity may be impaired due to the nature of the work to be performed.”
QualMed, Inc. v. Off. of Civilian Health & Med. Prog. of the Uniformed Servs., 934 F. Supp. 1227 (D. Colo. 1996). · cites it 2× “Further, with respect to the 1994 Plan, the GAO made detailed findings as to why OCHAMPUS’ determination that this plan adequately mitigated the conflict was unreasonable.”
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