period ministration requiring the assessment made some changes to the solicitation solicitation issue the proposals came in and told in her thirteen page memo she notes that now for the first time she becomes problem what is your view is to make sure i understand the sequence of events that should occur as you see the operation of the regulations and the contracting officer  says one of the things i need to try to check into here is whether this is an organisation conflict of interest yes and she looks at everything and she concludes no there's not any organisation a conflict  right she doesn't have to run that by anybody it's right ok and if she says well you know there would be a potential organisational active interest but i  all together by the way that i structured the solicitation now so she says i'm going to structure this edition of the new one will be an organizational conflict of interest we'll sidestep any problems if that that does she have to run that by the head of the contracting activity yes ok and if that's done prior to the formation of the solicitation even if that's an apartment portion of the contracting activity before she actually fashions this list station she's saying my i could write it this way i could write it that way i'm going to solve the problem by writing it in fashion number two that's something she me the evidence because i'm a i'm a little confused it seems to reg you if we assume the regulation applies in this circumstance then you've got very clear language that says submit for approval to the chief contract just tell us what we look you to so how do we know we've got the document in june eighth let's assume it was written entirely on june seventeenth we don't know if you're saying that we can satisfy ourselves that he knew something  released your response to judge is that the government's position that the difference here is whether or not it's a potential conflict of interest versus a significant conflict of interest and so potential conflicts of interest  so if the statement at the source selection statement had said fourth line on the second paragraph that you were showing you appointing it's too early or if it said reconvene to reconsider significant minute what i understood of the government's view of this case or at least what the c f c characterized it is the way you reconcile five o six is that in this case even she identified some potential but she was able to remedy it in the priest so with cetacean papers that this provision is aimed towards prospect complex and what he would do in the solicitation to remedy the prospect of conflicts that had nothing to do with things that could fall rolling in this area says that one of the things the contracting officer shall do is to avoid neutralizer negates potential conflicts before contract work and that sounds fine that it's something you would naturally to do to now it's so far so good but then we get to five or six b and we're told that if the contracting officer decides that a particular acquisition in bars a significant potential organizational conflict of interest zero four with respect to a significant potential conflict of interest and what she is required to invoke the procedures of five or six billion with respect to a significant potential conflict of interest and why on earth does the regulation use exactly the same language for those two in which to regulations if it means to allow the contracting officer to do more under four five zero four and to be restricted under five  before issuing a solicitation for a contract that may involve a significant potential conflict recommend to the head of the contracting activity for resolving it so if i were poor in and of itself you can say five zero four is court to second guess the contract and can i just ask you before you get in that is is your reading now we've got another work we have significant potential conflict a significant potential conflict and now we have a substantive issue concerning potential potential conflict of interest as opposed to a near ten chilled conflict of interest in which case if she thinks she can takes it she still has to run it before the head of the contracting agency correct undersea correct yes or ok in this circumstance if it is the that obvious obvious problem but it were obvious at that point the contract offer probably on its face that is an obvious conflict of interest and that contract almost certainly have to be either eliminated words not almost certainly but and if she can listen it involves a significant potential conflict yes but if she says well is a conflict of interest here potentially but but it's not significant is that is that something we should be paying close attention to the difference in language between c let's a n d which uses potential organizational conflict of interest doesn't have the word significant i think it's