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Over the past couple of months, we have had several clients contact us to discuss issues involving Organizational Conflicts of Interest OCIs. In each case, it seemed like there was some confusion either by the government, the contractor, or both, regarding what amounted to a conflict of interest and how having one could impact contract performance. In most cases, we were able to work with the contracting officer and develop a mitigation plan to avoid, neutralize, or mitigate each OCI successfully. This blog post will cover the basics about OCIs and discuss some ways that contractors can work with the government to mitigate them.

Contract Law - Terms

Contracting agencies are responsible for determining whether an actual or apparent conflict of interest exists. If a conflict of interest does exist, it can lead to the contractor being excluded from a contract competition, having an existing contract terminated, and, in some cases, it can even lead to the contractor being suspended or debarred from performing on future federal government contracts. As such it is imperative that contractors avoid actual or apparent conflicts of interest at all costs. As noted above, contracting agencies are responsible for determining whether an actual or apparent conflict of interest exists.

FAR 9.

Conflict of Terms Sample Clauses

Although FAR 9. Taking these responsibilities into account contractors should seek to identify actual and potential OCIs, both proactively and in response to inquiries from the contracting officer. Contractors should also actively communicate with the contracting officer to agree upon ways to avoid or mitigate potential OCIs. Contracting officers are required to reasonably consider any mitigation plan that is submitted by a contractor who could potentially be excluded from a competition because of an OCI.

In most cases, it is not possible to mitigate an OCI after the fact, so any mitigation plan must address prospective OCIs. The filing was reported earlier by the Washington Post. An expanded version of this report appears on WSJ. How companies secretly boost their Glassdoor rating. Economic Calendar Tax Withholding Calculator. Retirement Planner.

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Sign Up Log In. The changes include a new, responsive design featuring extended-hours data and more news. Learn More. The Wall Street Journal Defense Department probes possible conflict of interest in bidding for cloud contract.

Pentagon stands by finding of no conflict of interest in JEDI RFP process

Linda Alvarez explores a progressive approach to negotiating agreements, and particularly dispute mechanisms and mindsets that go beyond traditional ADRs. Her book takes the concepts of interest-based negotiations described in Getting to Yes , and brings them to a new generation. Beginning with her engagement as a member of the team successfully defending the first mp3 player to come to market, Linda has remained active on the frontier where digital technology pushes the boundaries of legal concepts designed for the analog and print-based era.

My trainings, facilitation, and mentorship services … read more. Have a question? Request a Call. Discovering Agreement — Bridging the gap between Vision and Action, Values and Systems Discovering Agreement is an innovative approach to generating legally enforceable documents that embed responsive, resilient operating systems into contractual relationships.

Advance Praise In this delightfully readable and important book, Linda Alvarez shows us how to transcend the narrow confines of conventional thinking about contracts and contract law to carve out a new approach based on value creation, sustainability and resilience. Andrew P.

Using a Conflict of Interest Clause

Power At Its Best Is. Explore further — set up a call with Linda. If you have a question, would like to discuss hiring me to train or mentor you, or if you'd just like to explore Discovering Agreement in more detail, please fill out the form and I will get in touch with you shortly to set a time for a more in-depth conversation. Warmly and looking forward, Lindaa. Before You Leave A Message or Hit 'SUBMIT' Please Read: If you communicate with me in connection with a matter for which I do not already represent you, you should not give me confidential or sensitive information via voice- or e-mail because your communication will not be treated as privileged or confidential.

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