9.508 Examples.

(S-90) Contractor participation in more than one of the following areas may give rise to an unfair

competitive advantage resulting from access to advance acquisition planning, source selection

sensitive or proprietary information. Furthermore, contractor participation in more than one area

may give rise to a real or apparent loss of contractor impartiality and objectivity where its advisory

or planning assistance in one area potentially affects its present or future participation in another

area. The following is not an inclusive list, but represents some potential circumstances where

OCCIs may occur:

Providing systems engineering, technical direction, or product support. Services or end items

required to meet the mission requirements of DISA’s activities and programs. This includes, for

example: concept exploration and development; system design/engineering; system development

and integration; COTS procurement and integration; internal development testing; deployment;

installation; operations; and maintenance. When a contractor provides such services but does not

have contractual responsibility for related development, integration, assembly or production for that

system, that contractor is prohibited from competing either as a prime or subcontractor for a

contract to supply that system.

(1) Preparing specifications and work statements. With certain exceptions, a contractor who assists

with, prepares, and/or furnishes contract specifications for a government requirement may not

compete for the subsequent award because this may give that contractor an unfair competitive

advantage. This includes, for example: requirements analysis, acquisition support, budget planning

and management, business process reengineering, program planning and execution support, and

independent technical management support.

(2) Providing evaluation services. Contractors cannot evaluate their own proposals, products and

services, or those of their market competitors whose development or marketing contractor is or has

been substantially involved because the contractor is placed in a position whereby their judgment

may be biased. For example, it would be inappropriate for a contractor to assist in the evaluation of

proposals if it will financially benefit from the selection of one company over another. Further,

increased attention should be given to situations where a contractor is in a position to assess or

evaluate a competitor where detrimental findings could serve, directly or indirectly, the interest of

the advising contractor. Further, the contractor could have inappropriate access to competitors

privileged and confidential business information. Therefore, all parties involved must ensure proper

safeguards are taken and integrity of the process to protect the Government's best interest.

(3) Obtaining access to proprietary information. When a contractor requires proprietary information

from others to perform on a Government contract and can use the leverage of the contract to obtain

it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These

restrictions protect the information and require companies to provide it

when appropriate and necessary for contract performance. For example, services which, by their

very nature, give the contractor or subcontractor access to extensive data about the contracts and

business operations of competitor contractors. Such an advantage could be perceived as being

unfair by a competing contractor who is not given similar access to the same relevant information.

Parent topic: SUBPART 9.5 –– ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST