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FAR RIN: 9000-AK98 Publication ID: Fall 2010 
Title: FAR Case 2007-018, Organizational Conflicts of Interest 
Abstract: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to provide regulatory coverage revising subpart 9.5, Organizational and Consultant Conflicts of Interest, relocating the coverage to a new FAR subpart 3.12, and adding clauses at FAR 52.203. Organizational conflicts of interest can impair the Government’s ability to acquire supplies and services that are the best value to the Government, and can present the appearance of impropriety. It is the Government’s policy to protect its interests by identifying and resolving organizational conflicts of interest. Therefore, the Councils propose that this rule should require that every acquisition in which the contracting officer determines that contractor performance of the contemplated work may give rise to one or more organizational conflicts of interest, the contracting activity shall ensure that (1) offerors are required to disclose facts bearing on the possible existence of organizational conflicts of interest both prior to contract award and on a continuing basis during contract performance; (2) all identified organizational conflicts of interest are either resolved or waived prior to the award of a contract (including individual task or delivery orders); and (3) the contract establishes a process by which the parties will resolve any organizational conflicts of interest that arise during contract performance. This is not a significant regulatory action and, therefore, was not subject to Office of Management and Budget review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. 
Agency: DOD/GSA/NASA (FAR)(FAR)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 9    48 CFR 52   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  03/26/2008  73 FR 15962   
ANPRM Comment Period End  05/27/2008    
Comment Period Extended  06/18/2008  73 FR 34686   
Comment Period End  07/18/2008    
NPRM  12/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Karlos Morgan
Procurement Analyst
DOD/GSA/NASA (FAR)
1800 F Street, NW.,
Washington, DC 20405
Phone:202 501-2364
Email: karlos.morgan@gsa.gov