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. § 9.505-1

9.505-1 Providing systems engineering and technical direction.

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(a) A contractor that provides systems engineering and technical direction for a system but does not have overall contractual responsibility for its development, its integration, assembly, and checkout, or its production shall not—

(1) Be awarded a contract to supply the system or any of its major components; or

(2) Be a subcontractor or consultant to a supplier of the system or any of its major components.

(b) Systems engineering includes a combination of substantially all of the following activities: determining specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design. Technical direction includes a combination of substantially all of the following activities: developing work statements, determining parameters, directing other contractors' operations, and resolving technical controversies. In performing these activities, a contractor occupies a highly influential and responsible position in determining a system's basic concepts and supervising their execution by other contractors. Therefore this contractor should not be in a position to make decisions favoring its own products or capabilities.

[48 FR 42142, Sept. 19, 1983, as amended at 84 FR 19846, May 6, 2019]
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2000–2022 · leading case: Alabama Aircraft Indus., Inc.-Birmingham v. United States, 83 Fed. Cl. 666 (Fed. Cl. 2008).
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Alabama Aircraft Indus., Inc.-Birmingham v. United States, 83 Fed. Cl. 666 (Fed. Cl. 2008). “” Aetna Gov’t Health Plans, 1995 WL 449806 , at *8; See 48 C.F.R. §§ 9.505-1 , 9.505-2. Such a contractor would have an unfair competitive advantage because it would have ample opportunity to tilt the competition in its favor and would possess a unique understanding “of the…”
Vantage Assocs., Inc. v. United States, 59 Fed. Cl. 1 (Fed. Cl. 2003). “48 C.F.R. §§ 9.505-1 , 9.505-2 (2002); see, e.”
Filtration Dev. Co., LLC v. United States, 63 Fed. Cl. 612 (Fed. Cl. 2005). “” In the event a CO reading 48 C.F.R. § 9.505-1 (a) needed further guidance, the FAR clarifies its mandate with an example: “Company A agrees to provide systems engineering and technical direction for the Navy on the powerplant for a group of submarines---Company A should not be…”
DSD Labs., Inc. v. United States, 46 Fed. Cl. 467 (Fed. Cl. 2000). · cites it 2× “48 C.F.R. §§ 9.505-1 , 9.505-2, 9.505-3, 9.”
Axiom Resource Mgmt., Inc. v. United States, 78 Fed. Cl. 576 (Fed. Cl. 2007). “See 48 C.F.R. §§ 9.505-1 , 9.505- *593 2; see also Aetna Gov't Health Plans, Comp.”
Filtration Dev. Co., LLC v. United States, 59 Fed. Cl. 658 (Fed. Cl. 2004). “For that matter, 48 C.F.R. § 9.505-1 provides, in pertinent part: A contractor that provides systems engineering and technical direction for a system but does not have overall contractual responsibility for its development, its integration, assembly, and checkout, or its…”
Ernst & Young, LLP v. United States (Fed. Cl. 2018). “See 48 C.F.R. § 9.505-1 . 22 FAR 9.505-2(b)(1)(ii) excludes contractors that have “participated in the development and design work” from the prohibitions of FAR 9.”
Caci, Inc.-Fed. v. United States (Fed. Cl. 2022). “Compare 48 C.F.R. § 9.505-1 (b) (2021) with 48 C.”
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