Preventing Organizational Conflicts of Interest in Federal Acquisition Act

Bill: 117-s-3905
Sponsor: Sen. Peters, Gary C. [D-MI]
Introduced: 2022-03-23 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Government ethics and transparency, public corruption
Government information and archives
Public contracts and procurement

Summary:
action_date: 2022-03-23
text: 

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

 
This bill addresses conflicts of interest in federal acquisitions.
 
Specifically, the bill directs the Federal Acquisition Regulatory Council to (1) identify contracting methods, types, and services that raise heightened concerns for potential organizational conflicts of interest beyond those currently addressed in the Federal Acquisition Regulation (FAR); and (2) revise the FAR to address organizational conflicts of interest and require executive agencies to take certain actions.
 
The council must revise the FAR to
 
 
 provide and update definitions related to organizational conflicts of interest, to include specified contractor relationships;
 
 provide executive agencies with solicitation and contract provisions that require contractors to disclose information relevant to potential organizational conflicts of interest and limit future contracting with respect to potential conflicts; and 
 
 require executive agencies to establish or update agency conflict of interest procedures to implement these FAR revisions and address agency-specific conflict of interest issues.
 

action_date: 2022-08-01
text: 

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

 
This bill addresses conflicts of interest in federal acquisitions.
 
Specifically, the bill directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update
 
 
definitions related to specific types of organizational conflicts of interest;
 
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; and
 
illustrative examples of situations related to the potential organizational conflicts identified.
 
 
Further, the council must revise the FAR to
 
 
provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
 
allow 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 agency; 
 
require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this bill and periodically assess and update such procedures as needed to address agency-specific conflict issues; and 
 
update FAR procedures 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. 
 

action_date: 2022-12-14
text: 

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

 
This bill addresses conflicts of interest in federal acquisitions.
 
Specifically, the bill directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update
 
 
definitions related to specific types of organizational conflicts of interest;
 
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; and
 
illustrative examples of situations related to the potential organizational conflicts identified.
 
 
Further, the council must revise the FAR to
 
 
provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
 
allow 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 agency; 
 
require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this bill and periodically assess and update such procedures as needed to address agency-specific conflict issues; and 
 
update FAR procedures 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. 
 

action_date: 2022-12-27
text: 

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

 
This act addresses conflicts of interest in federal acquisitions.
 
Specifically, the act directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update
 
 
definitions related to specific types of organizational conflicts of interest;
 
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; and
 
illustrative examples of situations related to the potential organizational conflicts identified.
 
 
Further, the council must revise the FAR to
 
 
provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
 
allow 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 agency; 
 
require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this act and periodically assess and update such procedures as needed to address agency-specific conflict issues; and 
 
update FAR procedures 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. 
 


Legislative actions:
action_date: 2022-12-27
text: Became Public Law No: 117-324.
action_date: 2022-12-27
text: Became Public Law No: 117-324.
action_date: 2022-12-27
text: Signed by President.
action_date: 2022-12-27
text: Signed by President.
action_date: 2022-12-23
text: Presented to President.
action_date: 2022-12-23
text: Presented to President.
action_date: 2022-12-14
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2022-12-14
text: On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524). (text: CR H9837)
action_date: 2022-12-14
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524).
action_date: 2022-12-14
text: Considered as unfinished business. (consideration: CR H9840-9841)
action_date: 2022-12-14
text: POSTPONED PROCEEDINGS - At the conclusion of debate on S. 3905, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Keller demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2022-12-14
text: The previous question was ordered pursuant to the rule.
action_date: 2022-12-14
text: DEBATE - The House proceeded with one hour of debate on S. 3905.
action_date: 2022-12-14
text: Rule provides for consideration of H.R. 1948, S. 3905 and S. 4003. Rule provides for one hour of general debate each for H.R. 1948, S. 3905, S. 4003. Rule provides for one hour of general debate on the Senate amendment to H.R. 1437. Rule provides that H. Res. 1516 and H. Con. Res. 124 are adopted. Rule provides that the House shall be considered to have taken from the Speaker's table H.R. 2617, with the Senate amendments thereto, to have concurred in the Senate amendments numbered 1, 2, 3, and 5, and to have concurred in the Senate amendment numbered 4 with an amendment consisting of the text of Rules Committee Print 117-73.
action_date: 2022-12-14
text: Considered under the provisions of rule H. Res. 1518. (consideration: CR H9745-9752)
action_date: 2022-12-14
text: Rules Committee Resolution H. Res. 1518 Reported to House. Rule provides for consideration of H.R. 1948, S. 3905 and S. 4003. Rule provides for one hour of general debate each for H.R. 1948, S. 3905, S. 4003. Rule provides for one hour of general debate on the Senate amendment to H.R. 1437. Rule provides that H. Res. 1516 and H. Con. Res. 124 are adopted. Rule provides that the House shall be considered to have taken from the Speaker's table H.R. 2617, with the Senate amendments thereto, to have concurred in the Senate amendments numbered 1, 2, 3, and 5, and to have concurred in the Senate amendment numbered 4 with an amendment consisting of the text of Rules Committee Print 117-73.
action_date: 2022-08-02
text: Held at the desk.
action_date: 2022-08-02
text: Received in the House.
action_date: 2022-08-02
text: Message on Senate action sent to the House.
action_date: 2022-08-01
text: Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S3825-3826)
action_date: 2022-08-01
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S3825-3826)
action_date: 2022-08-01
text: Measure laid before Senate by unanimous consent. (consideration: CR S3825-3826)
action_date: 2022-08-01
text: Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
action_date: 2022-08-01
text: Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
action_date: 2022-05-25
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2022-03-23
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2022-03-23
text: Introduced in Senate

Enacted as: number: 117-324