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  • Question

    Can you tell me where in the FAR it puts restrictions on contractors who develop SOWs/PWSs, to prevent them from bidding on the resulting RFP/contract?


    Answer

    You want to carefully read FAR 9.505-2 Preparing specifications or work statements.  Please note that this type of organizational conflict of interest (OCI) does include some exceptions to the restrictions outlined here.  I would also take a look at FAR 9.508 which has some very good examples.  If this is a major defense program, you also need to carefully read DFARS 209.571 Organizational conflicts of interest in major defense acquisition programs, which implements DoD policy as it relates to resolving OCIs.  Lastly, I strongly recommend that you consult with your legal advisor and contracting officer about any potential OCI.    

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