Organizational Conflicts of Interest Informational Briefing

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Organizational Conflicts of Interest
Informational Briefing
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Organizational Conflicts of Interest (OCI)

• FAR Subpart 9.5 meant to
• Prevent the existence of conflicting roles that
  might bias a contractors judgment and
• Prevent unfair competitive advantage
• Two OCI categories
• Informational access to non-public information
  and proprietary information during contract
  performance
• Bias-Type contractor undertakes multiple,
  inconsistent roles, compromising contractors
  judgment or providing unfair advantage
• Most difficult to identify

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OCI continued

• Bias-Type occurs when contractors
• Evaluate, inspect, or oversee their own products
  or services, or the products or services of its
  competitors
• Prepare or recommend test procedures applied to
  itself or affiliates (or subcontractors)
• Draft SOW or Performance Specifications for which
  it or affiliates (or subcontractors) may compete

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Limitations on Contracting

• FAR 9.505-1 Providing Systems Engineering and
  Technical Direction
• FAR 9.505-2 Preparing specifications or Work
  Statements
• FAR 9.505-3 Providing Evaluation Services
• FAR 9.505-4 Obtaining Access to Proprietary
  Information

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Mitigation

• OCI mitigated through
• Firewalls
• Separate Corporate Entity
• Separate Reporting and Compensation Lines
• For Informational Advantages consider
• Does the incumbent have unfair competitive
  advantage?
• Being the incumbent is not an unfair competitive
  advantage
• Can non-public information be disclosed to all
  offerors?

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Summary

• OCI Avoidance and Mitigation Extremely Important
• It is the Contractors Responsibility to
  Identify, Report and Mitigate OCI

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Questions?

• Direct questions to
• Ramon Morales, Associate General Counsel
• MDA Office of General Counsel
• 256-450-2166
• Ramon.Morales_at_mda.mil