S. 3905 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

An Act 

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

purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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.—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) 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) to require executive agencies— 
S. 3905—2 

(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) 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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.