117TH CONGRESS 

2D SESSION S. 3905 

AN ACT 

To prevent organizational conflicts of interest in Federal 

acquisition, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Preventing Organiza3 tional Conflicts of Interest in Federal Acquisition Act’’. 

4 SEC. 2. PREVENTING ORGANIZATIONAL CONFLICTS OF IN5 TEREST IN FEDERAL ACQUISITION. 

6 (a) IN GENERAL.—Not later than 18 months after 

7 the date of the enactment of this Act, the Federal Acquisi8 tion Regulatory Council shall revise the Federal Acquisi9 tion Regulation— 

10 (1) to provide and update— 

11 (A) definitions related to specific types of 

12 organizational conflicts of interest, including 

13 unequal access to information, impaired objec14 tivity, and biased ground rules; 

15 (B) definitions, guidance, and illustrative 

16 examples related to relationships of contractors 

17 with public, private, domestic, and foreign enti18 ties that may cause contract support to be sub19 ject to potential organizational conflicts of in20 terest, including undue influence; and 

21 (C) illustrative examples of situations re22 lated to the potential organizational conflicts of 

23 interest identified under this paragraph, includ24 ing an example of the awarding by a Federal 

25 regulatory agency of a contract for consulting 

26 services to a contractor if employees of the con-
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1 tractor performing work under such contract 

2 are permitted by the contractor to simulta3 neously perform work under a contract for a 

4 private sector client under the regulatory pur5 view of such agency; 

6 (2) to provide executive agencies with solicita7 tion provisions and contract clauses to avoid or miti8 gate organizational conflicts of interest, for agency 

9 use as needed, that require contractors to disclose 

10 information relevant to potential organizational con11 flicts of interest and limit future contracting with re12 spect to potential conflicts of interest with the work 

13 to be performed under awarded contracts; 

14 (3) to allow executive agencies to tailor such so15 licitation provisions and contract clauses as nec16 essary to address risks associated with conflicts of 

17 interest and other considerations that may be unique 

18 to the executive agency; 

19 (4) to require executive agencies— 

20 (A) to establish or update as needed agen21 cy conflict of interest procedures to implement 

22 the revisions to the Federal Acquisition Regula23 tion made under this section; and 
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†S 3905 ES

1 (B) to periodically assess and update such 

2 procedures as needed to address agency-specific 

3 conflict of interest issues; and 

4 (5) to update the procedures set forth in section 

5 9.506 of the Federal Acquisition Regulation to per6 mit contracting officers to take into consideration 

7 professional standards and procedures to prevent or8 ganizational conflicts of interest to which an offeror 

9 or contractor is subject. 

10 (b) EXECUTIVE AGENCY DEFINED.—In this section, 

11 the term ‘‘executive agency’’ has the meaning given the 

12 term in section 133 of title 41, United States Code. 

Passed the Senate August 1, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 3905 

AN ACT 

To prevent organizational conflicts of interest in 

Federal acquisition, and for other purposes.