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  • Question

    Are contractors with access to government financial information prohibited from competing on contracts where they may have an advantage based on their knowledge of this information? Can you provide guidance/regulations regarding this situation? Is there a waiver process?


    Answer

    Without further facts, it appears the scenario you present is likely an Organizational Conflict of Interest which is addressed at FAR Subpart 9.5.  It is the Contracting Officer's responsibility to identify organizational conflicts of interest and with the advice of counsel, determine the appropriate course of action to address the conflict. 

    The general rules in 9.505-1 through 9.505-4 prescribe limitations on contracting as the means of avoiding, neutralizing, or mitigating organizational conflicts of interest that might otherwise exist in these situations.  Because each instance of organizational conflict of interest is case specific, there is no one answer for all instances. 

    Accordingly, you will need to address the specific facts with the responsible Contracting Officer who will make an appropriate determination of (1) whether an organizational conflict of interest exists and (2) if so, how to appropriately deal with the conflict. 

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