Organizational Conflicts of Interest (OCI) New Developments in the U.S. and Abroad A Panel Discussion including:

1
Organizational Conflicts of Interest (OCI)New
Developments in the U.S. and AbroadA Panel
Discussion including

• Richard C. Bean, Attorney at Law Peter J. Camp,
  Counsel, U.S. Air Force ESCJoseph J. Kelley,
  Senior Counsel, Raytheon

2
On The Regulatory Front- OCI

• FAR Case 2011-001 where are we now?
• Public comments from December 2010 still under
  review by FAR Acquisition Ethics and
  International Law Team
• Team tasked September 1, 2011 with drafting final
  rule by October 26, 2011
• Second extension of due date has been issued
  March 28, 2012

2
3
On The Regulatory Front PCI

• Another related area in the regulatory arena has
  been personal conflicts of interest (PCI) for
  contractor employees performing acquisition
  functions
• FAR Case 2008-025, effective December 2, 2011,
  see 76 Fed. Reg. 68017-68026, November 2, 2011
• http//edocket.access.gpo.gov/2011/pdf/2011-27780.
  pdf

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4
On the Regulatory Front PCI

• Some companies are merging OCI and PCI policies
  (and awaiting new OCI final rules)
• May be appropriate for contractors providing
  support services, but maybe not for systems or
  supply contractors
• However, inclusion of both OCI and PCI compliance
  processes in an OCI mitigation plan may show an
  agency that the company has both areas addressed
  and resolved!

5
On the Regulatory Front PCI

• Final rule makes contractors responsible for
• Having procedures to screen for potential PCI
• Informing covered employees of their obligations
  with regard to these policies
• Maintaining effective oversight to verify
  compliance
• Reporting any PCI violations to the contracting
  officer
• Taking appropriate disciplinary action with
  employees who fail to comply with these policies

6
On the Regulatory Front PCI

• Affects contractor employees supporting an
  acquisition function closely associated with
  inherently governmental functions means
  providing advice or recommendations with regard
  to
• Planning acquisitions, evaluating proposals
• Developing SOWs, evaluation criteria
• See FAR 3.1101 for comprehensive listing of
  affected efforts and FAR 52.203-16 for new
  mandatory clause for acquisitions exceeding the
  simplified acquisition threshold for services

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On the Regulatory Front PCI

• PCI - a situation in which a covered employee has
  a financial interest, personal activity or
  relationship that could impair the ability to act
  impartially and in the best interest of the
  Government when performing under the contract
• Contractors must prohibit covered employees from
  using non-public information for personal gain

8
On the Regulatory Front PCI

• Requires use of nondisclosure agreement
• Violations will require not just reporting of the
  incident but also the proposed actions to be
  taken (implying contracting officer input into
  those proposed actions) and follow-up reports of
  corrective actions
• If contracting officer determines matter not
  resolved, must consult with agency legal counsel
  and take appropriate action

9
On the Regulatory Front PCI

• PCI policies are yet another compliance issue for
  contractors which will require
• Workforce training
• Implementing clearly understood PCI policies
• Tracking of executed NDAs of covered employees
• Tracking of disciplinary actions to establish
  proportionality and reasonableness of actions
  taken (to persuade contracting officer)

10
GAO Decisions

• AdvanceMed Corporation TrustSolutions, LLC
  B-404910.4 B-404910.5 B-404910.6 B-404910.9
  B-404910.10 January 17, 2012.Protest that the
  award was tainted by an impaired objectivity OCI
  is denied where the record showed that the agency
  reasonably concluded that the potential areas of
  concern either did not constitute significant
  conflicts that warranted disqualification of the
  awardee, or were significant conflicts that were
  adequately mitigated.

10
11
AdvancedMed Decision

• HHS acquisition for Medicaid/Medicare fraud
  prevention support best value award
• Corrective action taken on first protest which
  alleged OCI concerns awardee was wholly owned
  subsidiary of BC/BS
• Plan for divestiture was sufficiently detailed to
  satisfy GAO that agency acceptance was not
  arbitrary (26 page GAO decision)

12
GAO Decisions

• TriCenturion, Inc. SafeGuard Services, LLC
  B-406032 B-406032.2 B-406032.3 B-406032.4
  January 25, 2012.Protest that the award was
  tainted by organizational conflicts of interest
  was denied where the record shows that the agency
  reasonably concluded that the potential areas of
  concern were adequately mitigated.

13
TriCenturion Decision

• Another HHS acquisition for similar services in a
  different geographical region
• The protest was sustained on other grounds
  involving the evaluation process (recommended
  reading!)
• Complex and detailed divesture process contingent
  on contract award was identical to that set forth
  in AdvancedMed decision

14
GAO Decisions

• Raytheon Technical Services Company LLC
  B-404655.4 B-404655.5 B-404655.6, October 11,
  2011.Protest that awardee had unequal access to
  information type of organizational conflict of
  interest is denied where allegations were based
  upon suspicion and not hard facts, agencys
  investigation was meaningful, and agency
  reasonably concluded that awardee did not have
  access to nonpublic information that would
  provide firm a competitive advantage in
  procurement.

15
Raytheon Decision

• Protest was sustained on other grounds (and a
  prior protest resulted in corrective action)
• The Department of State contracting officer
  conducted a post-protest investigation which
  concluded that certain named individuals did not
  have access to any current nonpublic information
• Rare GAO support for post-protest agency
  investigation

16
GAO Decisions

• Enterprise Information Services, Inc. B-405152
  B-405152.2 B-405152.3 September 2, 2011.Protest
  that the awardees subcontractor had an
  unmitigated unequal access OCI arising from its
  contract with the procuring agency is denied
  where the contracting officer investigated the
  matter and determined that the subcontractors
  work under its contract did not directly involve
  the subject matter implicated by the protested
  procurement and NDAs were used in any event.

17
Enterprise Decision

• Air Force contracting officer concluded that a
  subcontractor of the awardee was working in a
  separate support area and even if it may have had
  access to protesters labor information, each
  employee executed an NDA
• GAO held that while the NDA was not
  company-to-company, this error was not
  sufficient to sustain this issue without more
  facts

18
GAO Decisions

• PCCP Constructors, JV Bechtel Infrastructure
  Corporation B-405036 B-405036.2 B-405036.3
  B-405036.4 B-405036.5 B-405036.6 August 4,
  2011.An agencys investigation of the awardees
  alleged unequal access to information
  organizational conflict of interest was
  unreasonable, where the agency concluded that the
  awardees hiring of a high-level government
  employee from the office responsible for the
  project being procured created a potential
  conflict, but limited its review to what
  responsibility and role the government employee
  had in the procurement prior to his retirement
  without any consideration of the employees
  access to non-public, source selection
  information, and where the record establishes the
  employees continued daily contact with members
  of the source selection team and access to inside
  information concerning the agencys
  build-to-budget concept.

19
PCCP Decision

• Army Corps of Engineers acquisition protest
  sustained on several grounds
• Agency investigation overlooked some aspects of
  Corps former employees access to source
  selection information
• Testimony of other Corps employees showed his
  access to SSI outside of the source selection in
  management meetings

20
GAO Decisions

• Unisys Corporation B-403054.2 February 8,
  2011.Protest that awardee's use of a former
  government employee in the preparation of its
  proposal provided the firm with an unfair
  competitive advantage due to the employee's
  access to proprietary information of the
  protester is denied where the record reflected
  that the information at issue was not
  competitively useful

21
Unisys Decision

• Prior protest alleging OCI resulted in corrective
  action being taken investigation
• DISA contracting officer investigation concluded
  that former employee had only limited (1/3 of
  total requirement) and outdated labor rate
  information and no access to evaluation plans
• GAO found OCI allegation too speculative

22
GAO Decisions

• QinetiQ North America, Inc. B-405008 B-405008.2
  July 27, 2011.Protest that awardee has biased
  ground rules type organizational conflict of
  interest (OCI) is denied where record does not
  establish that awardees prior contract
  performance put awardee in position to materially
  affect competition. Allegation that awardee has
  unequal access to information type OCI is
  denied where record reflects that any advantage
  arising from awardees prior contract performance
  was normally occurring incumbent advantage.

23
QinetiQ Decision

• DoT acquisition for IT services
• Technical Evaluation Team chair testified that
  neither awardee or any other contractor had
  involvement in requirements definition based upon
  prior contract effort
• Great reliance by the GAO on two-day hearing
  process with testimony by contracting officer and
  other Government personnel

24
GAO Decisions

• The Analysis Group, LLC B-401726.3 April 18,
  2011.Protest that agency failed to give
  adequate consideration to awardees potential
  impaired objectivity OCI is denied, where record
  shows that agency extensively investigated
  potential OCIs and, after completing its
  investigation and concluding that there was a
  remote possibility of an OCI, properly executed a
  waiver of the residual OCI

25
Analysis Group Decision

• Prior sustained protest on multiple grounds
  resulted in corrective action and OCI
  investigation by GSA and Air Force
• Awardee was involved in selling certain
  technology which would be evaluated to some
  degree under proposed new support contract
• Increased agency oversight was deemed sufficient
  as mitigation

26
Some Industry Perspectives

• Management support of OCI avoidance/mitigation
  (and PCI as appropriate) through educational
  awareness. Everyone in contracts, business
  development, sales, engineering, administration,
  etc. can benefit from OCI training (note -
  especially new hires!).
• Make training attendance 'MANDATORY
• For those who are on travel or at remote
  locations, provide an alternate date or also
  consider a web-based training process.
• Establish realistic deadlines for the OCI sweep
  process so organizational POCs have time for an
  appropriate review and allow time for
  comprehensive OCI mitigation plan preparation

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Some Industry Perspectives

• OCI sweep process and internal OCI training
  should be addressed in the OCI mitigation plan to
  give the government agency assurance of
  thoughtful, ingrained OCI compliance
• Success or failure of OCI training (and new PCI
  training?) may mean the difference between being
  able to sustain a defense to a protest allegation
  or jeopardize a contract award!

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ERS
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Litigation History

• Turner v. United States
• GAO
• B.L. Harbert-Brasfield Gorrie, JV, B-402229,
  February 16, 2010, 2010 CPD 69.
• McCarthy/Hunt, JV, B-402229.2, February 16, 2010,
  2010 CPD 68.
• Court of Federal Claims
• Turner Const. Co. v. U.S., 94 Fed. Cl. 561 (Fed.
  Cl. 2010)
• Court of Appeals for the Federal Circuit
• Turner Const. Co. v. U.S., 645 F.3d 1377 (Fed.
  Cir. 2011) 

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Business Relationships in Turner
AECOM

• FINAL DESIGN
• CONSTRUCTION CONTRACT

PRELIMINARY DESIGN CONTRACT
Turner Construction
Business Relationship
Negotiations
Sub K
HSMM
Joint Venture Partner
Ellerbe Becket
Joint Venture Partner
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GAO Decisions

• Ellerbe-Becket AECOM interests aligned in
  August 08
• Sustained unequal access OCI.
• No mitigation plan.
• Sustained biased ground rules OCI.
• Prejudice presumed.
• Denied impaired objectivity.
• Record established lack of prejudice.
• Footnote noted Agencys authority to waive OCIs.

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COFC Decision

• Standard of Review
• Agency decision irrational if GAO decision
  irrational.
• Findings
• Actual or potential OCI must be established by
  hard facts.
• Contracting Officers duty is to evaluate OCIs
  as early as possible but the earliest time
  might be post award.
• GAO should have considered post-protest
  representations when looking for hard facts.
• GAO finding of alignment of interests was cursory
  and not based on hard facts.
• GAO finding of unequal access and biased
  ground rules not based on hard facts.
• Remedy
• Agency ordered to restore the Hospital contract
  to Turner

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Federal Circuit Decision

• CAFC held
• Standard of review used by COFC was correct.
• COFC did not conduct de novo review but gave
  proper deference to the Contracting Officers
  judgment.
• Post award investigation can remove any OCI
  taint if no significant OCI found.
• GAO should have assessed the reasonableness of
  the investigation.
• Affirmed application of hard facts requirement.
• Challenge to COFC remedy could only be raised by
  the Government.

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(No Transcript)
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Netstar-1 Govt Consulting, Inc.

• __ Fed. Cl. __, NO. 11-294C (Oct. 17, 2011)
• Allegation awardee used its previous access to
  agency data including Protesters labor
  categories, job categories, and labor rates to
  improperly craft a winning proposal
• Deficient mitigation/corrective action
• CO failed to enforce FAR mitigation procedures
• Mitigation plan grossly inadequate
• Plain error in CO investigation
• Awardees willful blindness COs blithe
  assumptions

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OCI is a Way to Become Unpopular at Work
OCI
PIA
PGE
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OCI is a Way to Become Unpopular at Work

• ALLEGATIONS (case is not yet proved/decided)
• Lt Col M, USAF Dep. Chief, IT Division, AF
  Medical Support Agency
• Retires, hired by BAH 4 Apr 11 (Sr. Associate)
  orientation 4-8 Apr 11
• 11 Apr 11 First day of work, meets his 2 bosses
  2 coworkers
• BAH interested in IT Modernization Services
  (ITMS) Contract
• 12 Apr 12 Emails boss incumbents contract
  (CLIN pricing, labor mix, labor rates by labor
  category)
• Boss Reaction forwards email, promotes Mr. M
  to ITMS Capture Lead
• BAH Pricing Department Reports Incident, BAH Self
  Reports
• SAF Suspends BAHs San Antonio Office, Proposes
  for Debarment

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OCI is a Way to Become Unpopular at Work
San Antonio, TX Office
OCI
PIA
PGE
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OCI is a Way to Become Unpopular at Work
Take Away OCI Ethics Plans, Superficial
Compliance with Revolving Door Restrictions are
Insufficient Ensure New Employee is not an SSI
Typhoid Mary!!!
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OCI Mitigation at ESC

• Electronic Systems Center
• Office of the Staff Judge Advocate
• Hanscom AFB, MA

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ESC OCI Review Panel

• ESC/CC Policy Memo 08-005, 16 Jun 08
• - Established ESC OCI Review Panel to
  ensure
• ESC OCI policy is consistently applied
  throughout
• the Center
• - Chaired by Senior members of
• Contracting (ESC/PK), the Legal Office
  (ESC/JA),
• the Acquisition Center of Excellence
  (ESC/AE), and
• the Chief of Contracting for Plans and
  Programs
• (ESC/XPK)

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OCI Mitigation

• OCI Firewalls (5 Factor Mitigation)
• - Isolate Work in Separate Business Unit
• - Geographic Physical Separation
• - Independent Management Reporting
• Chains
• - Prohibition Against Transfer of Personnel
• - Prohibition Against Transfer of
  Information

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Common Elements of OCI Plan

• Non-Disclosure agreements
• Controlled access to sensitive information
• Establishment of an employee OCI
  awareness/compliance program
• Physical separation of contract employees from
  sensitive data
• Organizational separation
• Management separation
• Limitation on personnel transfers

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OCI Mitigation at ESC
45
(No Transcript)
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ESC OCI Review Process

• OCI Plan from prime contractor to
• Contracting Officer (prime contractor
• incorporates all subcontractor OCI plans)
• Contracting Officer to program team
• Those inputs go to Program Attorney
• Consolidated comments go to
• ESC OCI Review Panel

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(No Transcript)
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(No Transcript)
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OCI Mitigation

• Organization Charts (Prime Subcontractors)
• - One chart showing current organization
  and
• reporting chain up through parent company
• - Second chart showing new corporate
  structure
• and reporting chain if restructure of
  Organization
• is proposed as mitigation
• - Organization chart needed for each member
  of your
• team (Prime Subcontractors)

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OCI Mitigation Plans

• Administrative Section
• - Definitions
• - OCI Training for new and existing
  employees
• - Employee Transfer Rules
• - Information Transfer Rules
• - OCI Enforcement
• Employee OCI reporting requirements
• Consequences for OCI violations
• Disclosure of violations to Government
  
• - OCI Certification
• - Nondisclosure Agreement

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OCI Mitigation Plans

• OCI Mitigation Section
• - Separate Section for Prime and each
  Subcontractor
• - Organization Chart
• - Agree to Adopt Administrative Section
• (or explain any deviations)
• - Identify and Mitigate Potential OCIs

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Identify Mitigate Potential OCIs

• Identify All Divisions or Business Units
• (Combine within by Systems / AAS Contracts)
• - Location
• - Explain the Management and Reporting
  Chain
• - Identify Explain Contracts in the
  Division or
• Business Unit with Potential OCIs

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Identify Mitigate Potential OCIs

• Identify the Potential OCIs
• - Analyze work under specific contracts for
  actual
• or potential conflicts of interest and
  conclude
• whether a conflict of interest exists

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Identify Mitigate Potential OCIs

• Propose Mitigation Strategies
• - Propose concrete solutions for mitigating
  any
• conflicts of interest that have been
  identified
• Firewalls (5 Factor Mitigation Analysis)
• Restructure of organization and reporting chains
• Other steps the contractor will take to preclude
• the perception that it will
  favor its own products
• or services

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OCI Summary

• OCI Show Stopper
• Important to avoid, neutralize, and/or mitigate
  OCIs before contract award
• Start early with discussion of OCI at industry
  day
• See new ESC Policy 14 June 2008

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OCI in the International Arena

• OCI in the International Arena

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Conceptual Basis of Understanding International
Law

• Common Misconceptions
• Our rules apply everywhere in exactly the
  same way as they do here
• No other country is sophisticated enough to have
  similar rules to ours
• A Better Approach
• Our rules were developed to solve a problem.
  Other nations have likely developed similar, but
  not necessarily the same rules.

58
Sources of International Law

• Understanding international law requires
  knowledge of the sources of the law, rules
• The tier concept
• Primary law - Generally treaties and overarching
  laws
• WTO GPA, Free Trade Agreements, UN Conventions
  etc.
• Secondary law Constitutions, Statutes
• Tertiary Regulations, Directives
• Qaternary Contract provisions, Advisory letters

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Origins of OCI Rules

• OCI rules have developed out of a desire to keep
  procurement fair, transparent and impartial.
• 3 basic types of OCI
• Biased Ground Rules Cases, where the primary
  concern is that a government contractor could
  have an opportunity to skew a competition in
  favor of itself. ie You prepared the specs so
  you cant build the system In Europe these are
  sometimes called Distortion cases.
• This is the type most focused on outside of the
  USA.
• Unequal Access to Information Cases, where the
  primary concern is that a government contractor
  has access to nonpublic information that would
  give it an unfair competitive advantage in a
  competition for another contract.
• This is an emerging concept in international law.
• Impaired Objectivity Cases, where the primary
  concern is that a government contractor would be
  in a position of evaluating itself or a related
  entity (either through an assessment of
  performance under a contract or an evaluation of
  proposals in a competition), which would cast
  doubt on the contractors ability to render
  impartial advice to the government.

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WTO Agreement on Government Procurement (GPA)

• The GPA is based on the principles of openness,
  transparency and non-discrimination, which apply
  to Parties' procurement covered by the Agreement
• OCI RULE - (GPA) - Article VI 4.      Entities
  shall not seek or accept, in a manner which would
  have the effect of precluding competition, advice
  which may be used in the preparation of
  specifications for a specific procurement from a
  firm that may have a commercial interest in the
  procurement.
• Adopted by 15 Parties, 22 Observers, 4
  international org observers
• http//www.wto.org/english/tratop_e/gproc_e/memobs
  _e.htm

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The European Union OCI Laws

• Directive 2009/81/EC (Defense works)
• (49) Before launching a procedure for the award
  of a contract, contracting authorities/entities
  may, using a technical dialogue, seek or accept
  advice which may be used in the preparation of
  specifications, provided, however, that such
  advice does not have the effect of precluding
  competition.
• Directive 2004/18/EC (Public Works - general
  procurement) Same provision

62
Fabricom

• Fabricom is the leading European case on OCI.
• Belgian law provided that firm involved in
  preparatory work on a contract, such as by
  assisting in preparing specifications (called the
  technical dialogue) may not compete for awarded
  contract to provide the work (inflexible
  approach).
• ECJ ruled that Belgian rule was too restrictive.
  Said agency must give bidder chance to explain
  why there is no bias flexible approach.
• The burden of proof of no distortion of
  competition is generally on the bidder.
  Possibility of using firewalls as part of
  argument.

63
NATO

• 3. 7. ORGANIZATIONAL CONFLICTS OF INTEREST
• An organizational conflict of interest may exist,
  in the realm of the private sector providing
  services to NATO, where the same corporation may
  provide two types of services to the Organization
  that have conflicting interest or appear
  objectionable (i.e. manufacturing parts and
  then participating on a evaluation team comparing
  parts manufacturers).
• Organizational conflicts of interest implications
  are not limited to any particular kind of
  procurement action. However, organizational
  conflicts of interest are more likely to occur in
  contracts involving
• Management support services
• Consultant or other professional services
• Contractor performance or assistance in technical
  evaluations or
• Systems engineering and technical direction work
  performed by a contractor that does not have
  overall contractual responsibility for
  development or production.
• 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
  procurement. In the latter case, some
  restrictions on future activities of the
  contractor may be required.

64
Canada

• Sources of Law Treasury Board Manual, Financial
  Administration Act and Government Contracts
  Regulations Department of Public Works and
  Government Services Act, Defence Production Act,
  Court Precedence.
• Common theme of ensuring open fair and honest
  procurement.
• Department of Public Works and Government
  Services Canada http//www.tpsgc-pwgsc.gc.ca/app-
  acq/dpa-ppd-eng.html
• Canadian national procurement agency

65
DPWG - Standard Acquisition Clause

• Conflict of Interest - Unfair Advantage
• 1. In order to protect the integrity of the
  procurement process, bidders are advised that
  Canada may reject a bid in the following
  circumstances
• (a) if the Bidder, any of its subcontractors, any
  of their respective employees or former employees
  was involved in any manner in the preparation of
  the bid solicitation
• (b) if the Bidder, any of its subcontractors, any
  of their respective employees or former employees
  had access to information related to the bid
  solicitation that was not available to other
  bidders and that would, in Canada's opinion, give
  the Bidder an unfair advantage.
• 2. The experience acquired by a bidder who is
  providing or has provided the goods and services
  described in the bid solicitation (or similar
  goods or services) will not, in itself, be
  considered by Canada as conferring an unfair
  advantage or creating a conflict of interest.
  This bidder remains however subject to the
  criteria established above.
• 3. Where Canada intends to reject a bid under
  this section, the Contracting Authority will
  inform the Bidder and provide the Bidder an
  opportunity to make representations before making
  a final decision. Bidders who are in doubt about
  a particular situation should contact the
  Contracting Authority before bid closing. By
  submitting a bid, the Bidder represents that it
  does not consider itself to be in conflict of
  interest nor to have an unfair advantage. The
  Bidder acknowledges that it is within Canada's
  sole discretion to determine whether a conflict
  of interest or unfair advantage exists.

66
Mexico

• Article 50, Section VIII of Mexican Procurement
  Law
• Government Agencies and entities may not receive
  bids from, or award contracts to a person or
  entity if
• (a) That person or entity directly or indirectly
  participated, pursuant to another contract, in
  preparing the following documents for the current
  contracting procedure
• (i) analytical and quality control works
• (ii) specification drafting or
• (iii) budgets preparation AND
• (b) the bidder in question obtained privileged
  information from the Prior Engagement AND
• (c) the Government Agency or entity does not
  share such privileged information with other
  bidders with respect to the preparation of their
  proposals/bids.

67
Singapore

• Government Procurement Regulations (under the
  Govt Procurement Act) -
• Regulation 5(4) - A contracting authority shall
  not seek or accept, in a manner which will have
  the effect of precluding competition, advice
  which may be used in preparing technical
  specifications, from a person who has or who is
  likely to have a commercial interest in the
  procurement in question.
• Regulation 5(5) - In this regulation "technical
  specifications" means technical requirements of a
  procurement and includes
• (a) the quality, performance, safety
  requirements, dimensions, symbols, terminology,
  packaging, marking and labeling of the goods or
  service to be procured
• (b) the production processes or methods of the
  goods or service and
• (c) any requirement relating to any conformity
  assessment procedures for the goods or service
• Regulation 9 - Prohibition against preclusion of
  competition
• A contracting authority shall not provide a
  supplier any information regarding a particular
  procurement where such provision will or is
  likely to have the effect of precluding
  competition.

68
Citations

• WTO
• Agreement on Government Procurement
  http//www.wto.org/english/docs_e/legal_e/gpr-94_e
  .pdf
• EU
• Directive 2009/81/EC (Defense works)
• http//eur-lex.europa.eu/LexUriServ/LexUriServ.do?
  uriOJL200921600760136enPDF
• NATO
• Staff Procurement Manual http//www.nato.int/struc
  tur/procurement/doc/NATO20IS20Procurement20Manu
  al_2_187.pdf
• http//www.nato.int/structur/procurement/gac.html
• Canada
• http//www.canlii.org/en/index.php
• Mexico
• https//compranet.funcionpublica.gob.mx/web/login.
  html En Espanol

69
Citations (continued)

• Singapore
• Government Procurement Act
• http//statutes.agc.gov.sg/aol/search/display/view
  .w3ppage0queryCompId3A2244a5cc-2a39-48da-a0d7
  -b127685744cerec0resUrlhttp3A2F2Fstatutes.a
  gc.gov.sg2Faol2Fbrowse2FtitleResults.w3p3Blett
  er3DG3Btype3DactsAll
• http//www.singaporelaw.sg/
• http//statutes.agc.gov.sg/aol/home.w3p
• Germany
• http//www.linguee.com/english-german/translation/
  commencementofprocedure.html
• Articles
• Arrowhead EC Procurement law
  http//www.nottingham.ac.uk/pprg/documentsarchive/
  fulltextarticles/pclj_evolution_arrowsmith.pdf
• The Draft OCI Rule - New Directions and the
  History of Fear http//papers.ssrn.com/sol3/papers
  .cfm?abstract_id1832743
• CONFLICT AND INTRIGUE IN GOVERNMENT CONTRACTS A
  GUIDE TO IDENTIFYING AND MITIGATING
  ORGANIZATIONAL CONFLICTS OF INTEREST
  http//www.sheppardmullin.com/assets/attachments/1
  03.pdf
• Guide to Procurement Law http//www.legalink.ch/xm
  s/files/Publications/Legalink-Public-Procurement-L
  aw-3rd-edition-final.pdf

70
Conclusion

• Thank you for your participation today!
• Time for any questions for the panel members
  (time permitting)?
• Also, talk with us later in the day as well!