Public Law 117-324 | Public Law 117–324: To prevent organizational conflicts of interest in Federal acquisition, and for other purposes.

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PUBLIC LAW 117–324—DEC. 27, 2022

136 STAT. 4439

Public Law

117–324

117th Congress

An Act

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

Dec. 27, 2022

[S. 3905]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Preventing Organizational Conflicts of Interest in Federal Acquisition Act.

41 USC 2303 note.

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.
Deadline.
—

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)

Updates.

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)

Requirements.

Procedures.

to require executive agencies—

136 STAT. 4440

(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)

Update.

Procedures.

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.

Approved December 27, 2022.

LEGISLATIVE HISTORY—S. 3905:

CONGRESSIONAL RECORD, Vol. 168 (2022):

Aug. 1, considered and passed Senate.

Dec. 14, considered and passed House.

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