[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3905 Enrolled Bill (ENR)]

        S.3905

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two


                                 An Act


 
To prevent organizational conflicts of interest in Federal acquisition, 
                         and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Federal Acquisition Regulatory Council shall 
revise the Federal Acquisition Regulation--
        (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) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given the term in section 133 of 
title 41, United States Code.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.