[Congressional Record Volume 168, Number 128 (Monday, August 1, 2022)]
[Senate]
[Pages S3825-S3826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN FEDERAL ACQUISITION 
                                  ACT

  Mr. SCHUMER. Madam President, I ask unanimous consent that the 
Committee on Homeland Security and Governmental Affairs be discharged 
from further consideration of S. 3905 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3905) to prevent organizational conflicts of 
     interest in Federal acquisition, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the Peters substitute 
amendment at the desk be considered and agreed to; that the bill, as 
amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5187) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     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

[[Page S3826]]

       (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.
  The bill (S. 3905), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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