This series of FAR summaries is meant to take a meaningful portion of the Federal Acquisition Regulations to ensure an easy-to-understand approach to maintain that readers comprehend the process of doing business with the government and the government exercises a fair and reasonable approach to doing business with the general public.
FAR Subpart 9.5 Organizational And Consultant Conflicts Of Interests
It is the job of the Contracting Officer to alleviate conflicts of interests as soon as possible. The solicitation is generally used to oversee the buy. However, they must not create rules or paperwork brought upon by pride, greed, malice or envy even though personal discretion is allowable. Conflicts of interest can change a decision to award but they must be documented with clear reasoning and display the vendor’s rebuttal or acceptance of the government’s decision.
Each decision is on a case-by-case basis. History is not a deciding factor.
The CO must eliminate prejudices and advantages for anybody on either side. No company handoffs or inside knowledge is allowed. The government or contractor POC is expected to ask off of projects which conflicts can even be materialized. Don’t do business with family or close friends.
Reasonable time erases lines of conflict whether it be products or people.
Remember, RFIs and RFQs can take you out of the running of the RFP if you help provide project specs.
Contractors cannot evaluate buys where they can cherry-pick from their peers. Advisory opportunities must be an open agreement.
Conflicts of interest can be eliminated by not involving the vendor community but instead asking the same questions of the federal network of personnel available and willing to assist.
Benefits and detriments are sifted and weighed by the government. Solicitation provisions usually shine a spotlight on this subpart, explain the possibility of conflict of interest, explain restraint(s) and explain if any provision, clause or deliverable is negotiable or set in stone.
I attach a federally sponsored legal advisement to my introductory email to prospective vendors which allows me to assist vendors on aspects of federal contracting outside of negotiation up to December 2023 and assist including negotiations after that restraint ends. Therefore hiring my services is not violating this FAR subpart even if I left the government in December 2022. I’m an example of this subpart working in real time.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation.
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