Volume VI —Organizational Conflicts of Interest: When the Whole Is Less Than the Sum of Its Parts
An organizational conflict of interest (“OCI”) arises when the performance of one contract undermines a contractor’s objectivity or creates an unfair competitive advantage with respect to another contract. An agency cannot issue an award to a contractor that possesses an OCI unless that OCI has been avoided, mitigated, or waived. Many government contracts include clauses that require contractors to avoid potential OCIs, to notify the Government of any OCIs that arise after award, and to work with the Government to mitigate any such OCIs. Some contracts also avoid OCIs proactively by precluding the contractor from performing specific types of work.