§2303. Ethics safeguards related to contractor conflicts of interest
(a)
(b)
(1)
(2)
(A) define "personal conflict of interest" as it relates to contractor employees performing relevant acquisition functions; and
(B) require each contractor whose employees perform relevant acquisition functions to-
(i) identify and prevent personal conflicts of interest for the employees;
(ii) prohibit contractor employees who have access to non-public government information obtained while performing relevant acquisition functions from using the information for personal gain;
(iii) report any personal conflict-of-interest violation by an employee to the applicable contracting officer or contracting officer's representative as soon as it is identified;
(iv) maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(v) have procedures in place to screen for potential conflicts of interest for all employees performing relevant acquisition functions; and
(vi) take appropriate disciplinary action in the case of employees who fail to comply with policies established pursuant to this section.
(3)
(A)
(i) the personal conflicts-of-interest policy developed under this subsection; and
(ii) the contractor's responsibilities under the policy.
(B)
(i) contracts entered into on or after that effective date; and
(ii) task or delivery orders awarded on or after that effective date, regardless of whether the contracts pursuant to which the task or delivery orders are awarded are entered before, on, or after October 14, 2008.
(4)
(A)
(B)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 2303(a) | no source. | |
| 2303(b), (c) | 41:405c(a), (c). |
|
In this section, the words "relevant acquisition functions" are substituted for "acquisition functions closely associated with inherently governmental functions" because of subsection (a).
In subsection (b), the words "Not later than 270 days after the date of the enactment of this Act" are omitted because of section 6(f) of the bill.
In subsection (b)(4)(A), the words "Except as provided in subparagraph (B)" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Preventing Organizational Conflicts of Interest in Federal Acquisition
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Preventing Organizational Conflicts of Interest in Federal Acquisition Act'.
"SEC. 2. PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN FEDERAL ACQUISITION.
"(a)
"(1) to provide and update-
"(A) definitions related to specific types of organizational conflicts of interest, including unequal access to information, impaired objectivity, and biased ground rules;
"(B) definitions, guidance, and illustrative examples related to relationships of contractors with public, private, domestic, and foreign entities that may cause contract support to be subject to potential organizational conflicts of interest, including undue influence; and
"(C) illustrative examples of situations related to the potential organizational conflicts of interest identified under this paragraph, including an example of the awarding by a Federal regulatory agency of a contract for consulting services to a contractor if employees of the contractor performing work under such contract are permitted by the contractor to simultaneously perform work under a contract for a private sector client under the regulatory purview of such agency;
"(2) to provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts of interest, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts of interest and limit future contracting with respect to potential conflicts of interest with the work to be performed under awarded contracts;
"(3) to allow executive agencies to tailor such solicitation provisions and contract clauses as necessary to address risks associated with conflicts of interest and other considerations that may be unique to the executive agency;
"(4) to require executive agencies-
"(A) to establish or update as needed agency conflict of interest procedures to implement the revisions to the Federal Acquisition Regulation made under this section; and
"(B) to periodically assess and update such procedures as needed to address agency-specific conflict of interest issues; and
"(5) to update the procedures set forth in section 9.506 of the Federal Acquisition Regulation to permit contracting officers to take into consideration professional standards and procedures to prevent organizational conflicts of interest to which an offeror or contractor is subject.
"(b)
Deadline for Issuance of Standard Policy
Review of Federal Acquisition Regulation Relating to Conflicts of Interest
"(1)
"(A) identify contracting methods, types and services that raise heightened concerns for potential personal and organizational conflicts of interest; and
"(B) determine whether revisions to the Federal Acquisition Regulation are necessary to-
"(i) address personal conflicts of interest by contractor employees with respect to functions other than those described in subsection (a) [now 41 U.S.C. 2303(b)]; or
"(ii) achieve sufficiently rigorous, comprehensive, and uniform government-wide policies to prevent and mitigate organizational conflicts of interest in Federal contracting.
"(2)
"(3)