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Organizational and Consultant Conflict of Interest Comptroller General New OCI Waiver As discussed in our last decision, the record presented at that time showed that the agency had concerns about the activities of an individual identified as Mr.
The agency expressed interest in Mr. The agency's investigation identified certain non-public, competitively useful information that was available to Mr. Despite this fact, the agency confined its OCI analysis and conclusion to considering whether Mr.
The principal basis for DSFG's allegation is its position that the agency did not perform any further investigation into the activities of Mr.
Y in the wake of our last decision, and therefore could not know the extent of the OCI presented by his participation in preparing the SRA quotation. We deny this aspect of DSFG's protest.
The agency head or a designee may waive any general rule or procedure of this subpart by determining that its application in a particular situation would not be in the Government's interest. Any request for waiver must be in writing, shall set forth the extent of the conflict, and requires approval by the agency head or a designee.
Agency heads shall not delegate waiver authority below the level of head of a contracting activity. While our Office will review an agency's execution of an OCI waiver, our review is limited to consideration of whether the waiver complies with the requirements of the FAR, that is, whether it is in writing, sets forth the extent of the conflict, and is approved by the appropriate individual within the agency.
Here, there is no issue regarding whether the waiver is in writing and was approved by the appropriate agency official. We conclude that it does. As we noted in our prior decision, the contracting officer identified an array of information that had been available to Mr.
The contracting officer also noted that Mr. The record shows that the contracting officer expressly identified precisely these types of information in describing any potential OCI when he executed the OCI waiver.
Specifically, the waiver states as follows: From February 22, to May 26, Mr. In the course of that work, Mr. The agency's OCI waiver goes on to recognize that the types of information available to Mr. Y in terms of informing any response to inquiries he addressed during preparation of the SRA quotation, even if Mr.
The contracting officer concluded as follows: With that as background, the contracting officer found that any information gained by Mr. He concludes as follows: Based on the above, the conflicts that arise as a result of Mr. In addition, the contracting officer went on to discuss three other potential OCIs arising in connection with the activities of other individuals that may have had access to other DSFG information that was the subject of our first decision in these cases.
We conclude that the agency's waiver decision took into consideration precisely the types of information that the contracting officer previously identified as a matter of concern during our last consideration of this protest.
The agency's waiver also took into consideration several other concerns identified earlier in our first decision. We therefore deny this aspect of DSFG's protest. Dell Services Federal Government, Inc. The protester describes the conflict as follows: Under the FAR, contracting officers are required to identify and evaluate potential OCIs as early in the acquisition process as possible, and avoid, neutralize, or mitigate significant potential conflicts of interest before contract award.
The responsibility for determining whether an actual or apparent conflict of interest will arise, and to what extent the firm should be excluded from the competition, rests with the contracting officer. Innovative Test Asset Sols. In this regard, the identification of conflicts of interest is a fact-specific inquiry that requires the exercise of considerable discretion.
Nonetheless, once it has been determined that an actual or potential OCI exists, the protester is not required to demonstrate prejudice; rather, harm from the conflict is presumed to occur. The primary responsibility for determining whether a conflict is likely to arise, and the resulting appropriate action, rests with the contracting agency.
Once an agency has given meaningful consideration to potential conflicts of interest, our Office will not sustain a protest challenging a determination in this area unless the determination is unreasonable or unsupported by the record.
Protester Comments at ; see also Intervenor Comments at 8; Supp.
MOL at 9; Intervenor Comments at 8. The record shows that here, CMS did not investigate whether the presence of related firms operating within the same chain of review created an impaired objectivity OCI.
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