Consulting for Prime and Subcontractor
Started by FAR out · Oct 16, 2012 · 5 replies
- FOriginal post
FAR out
Oct 16, 2012 · 13y ago
If a consulting firm manages (includes pricing) the same contract for a prime contractor and a subcontractor are there any potential OCI issues? Both companies are aware of the agreement with the other company.
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here_2_help
Oct 16, 2012 · 13y ago
Yes, there are "potential OCI issues." Whether they are actual issues, or simply potential issues, is based on facts and circumstances.
Hope this helps.
- G
Guest Vern Edwards
Oct 16, 2012 · 13y ago
If a consulting firm manages (includes pricing) the same contract for a prime contractor and a subcontractor are there any potential OCI issues?
No. There are no OCI issues.
I understand you to be talking about contracts between private entities. FAR 2.101 defines Organizational Conflict of Interest as follows:
“Organizational conflict of interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
OCI is a concept and term of art applicable to contracts between private entities and the government. As covered in the Federal Acquisition Regulation, it does not apply to contracts between private entities.
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FAR out
Oct 17, 2012 · 13y ago
Thank you both. I suspected that it is not an OCI but wanted verification.
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here_2_help
Oct 17, 2012 · 13y ago
Yes Vern is right and I should have clued-in that "OCI" is a term of art applicable only to government contracting officers. I was thinking about "conflicts of interest" ("COI") as addressed by the policies found at many government contractors. I suspect that the situation initially described would be the cause of some concern for the contractors but, as Vern correctly noted, not for the government.
H2H
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FAR out
Oct 18, 2012 · 13y ago
Agreed. Thanks for your help.