[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3905 Engrossed in Senate (ES)]

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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.