(a) This subpart applies to contracts with either profit or nonprofit organizations, including nonprofit organizations created largely or wholly with Government funds.
(b) The applicability of this subpart is not limited to any particular kind of acquisition. However, 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 technical evaluations; or
(4) Systems engineering and technical direction work performed by a contractor that does not have overall contractual responsibility for development or production.
(c) An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contractor may be required.
(d) Acquisitions subject to unique agency organizational conflict of interest statutes are excluded from the requirements of this subpart.
[48 FR 42142, Sept. 19, 1983, as amended at 55 FR 42686, Oct. 22, 1990; 56 FR 55377, Oct. 25, 1991; 84 FR 19845, May 6, 2019]
Notes of Decisions
Axiom Resource Mgmt., Inc. v. United States, 78 Fed. Cl. 576 (Fed. Cl. 2007).
· cites it 3× “48 C.F.R. § 9.502 (c) (emphasis added). Only after Plaintiff filed the first GAO protest did the CO take any action to investigate even a potential OCI.”
Filtration Dev. Co. v. United States, 60 Fed. Cl. 371 (Fed. Cl. 2004).
“” 48 C.F.R. § 9.502 (c). Nevertheless, this is not the only provision in the FAR which guides the resolution of the issue.”
Am. Saf. Council, Inc. v. United States, 122 Fed. Cl. 426 (Fed. Cl. 2015).
“In support of its OCI challenge, ASC relies upon 48 C.F.R. § 9.502 (b) which states: “The applicability of this subpart is not limited to any particular kind of acquisition.”
Axiom Resource Mgmt., Inc. v. United States, 80 Fed. Cl. 530 (Fed. Cl. 2008).
· cites it 2× “” 48 C.F.R. § 9.502 (a). . An "impaired objectivity” conflict occurs when a government contractor has conflicting obligations under different government contracts, that compromises the contractor's ability to render impartial judgment.”
Metric Sys. Corp. v. United States, 42 Fed. Cl. 306 (Fed. Cl. 1998).
“48 C.F.R. § 9.502 (1994). The court is mindful of the presumption that contracting officials act in good faith in executing their procurement functions.”
Medco Behavioral Care Corp. of Iowa v. State Dep't of Human Servs., 553 N.W.2d 556 (Iowa 1996).
“48 C.F.R. § 9.502 (e) (emphasis added). Contracting officials are directed to identify potential organizational conflicts of interest early in the procurement process and to avoid, neutralize, or mitigate those conflicts *565 before awarding the contract.”
Rochester City Lines, Co. v. City of Rochester, 846 N.W.2d 444 (Minn. Ct. App. 2014).
“” 48 C.F.R. § 9.502 (c) (2013). But “[a]n OCI must be established by ‘hard facts’ that indicate the existence or potential existence of a conflict.”
Informatics Gen. Corp. v. Weinberger, 617 F. Supp. 331 (D.D.C. 1985).
“Indeed, the FAR regulations recognize that “organizational conflicts of interest are more likely to arise in contracts involving — (1) Management support services; (2) Consultant or other professional services; (3) Contractor performance of or assistance in technical…”
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