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  • Question

    Is there a clause to notify the winning contractor that they cannot bid on any follow on projects resulting from this survey? They would have an unfair advantage since they would be providing the specifications the new solicitation would be based on.


    Answer

    See FAR 9.507, "Solicitation Provisions and Clauses". As stated in FAR 9.507-1, organizations are required to notify prospective offerors of the nature of any potential conflicts of interest and resulting restraint upon the contractor's eligibility for future contracts or subcontracts.  Similarly, FAR 9.507-2(a) states, "If, as a condition of award, the contractor's eligibility for future prime contractor subcontract awards will be restricted or the contractor must agree to some other restraint, the solicitation shall contain a proposed clause that specifies both the nature and duration of the proposed restraint. The contracting officer shall include the clause in the contract, first negotiating the clause's final terms with the successful offeror, if it is appropriate to do so (see9.506 (d) of this subsection)."

     

    Because organizational conflicts of interest and their mitigation plans are unique to the particular circumstances, there are no "standard" clauses; the contracting officer must draft the proposed clause and negotiate its final terms with the successful offeror. Note the requirement to include the proposed clause in the solicitation.

     

    As always, refer to your contracting officer and legal counsel for guidance in your particular case.

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