[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3905 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 3905
_______________________________________________________________________
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.
Passed the Senate August 1, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 3905
_______________________________________________________________________
AN ACT
To prevent organizational conflicts of interest in Federal acquisition,
and for other purposes.