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Showing results for tags 'FAR 9.5'.
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This was ran by my legal dept. (last year) and 3 issues were recognized, (all 3 required legal investigation)... An IG investigation was launched but IG will not provide status or even status on which issues they are looking into. It is now a year later and IG has given no instruction (pretty much does not respond to emails until I escalate) and due to criticality of the software we must move forward with a new acquisition/award. I am conducting a DOD acquisition which is Brand Name only and award will be made using other than full and open competition procedures to licensed product resellers of company ABC. Only licensed ABC software resellers can fulfill the requirements of the acquisition. However, based on ABC’s licensing agreement with those resellers, all resellers who supply the Federal Government must purchase their products and upgrade services from company XYZ, who in turn subcontracts with company ABC. All licensed ABC software resellers in affect obtain their quotes from company XYZ. Since company XYZ also submits their own quote, the nature of this relationship between company ABC and XYZ allows company XYZ a competitive advantage. (Also of note, the products being delivered are upgrades for current software, as such, 100% of deliverables come from company ABC. Company XYZ only adds on a pass through charge and provides no additional support or service. The same goes for every licensed reseller of ABC's products. (Resellers are both Large and Small buinesses). So XYZ essentially sets the resellers prices with exception to the resellers own pass through charge. I have received written confirmation from company ABC that it will not compete against company XYZ or provide support sole source). At this point, given an ongoing IG investigation, should I address the situation as a DFARS 209.571-3 Organizational Conflict of Interest issue? This means contacing with company ABC or XYZ or both to resolve the situation. IG has not instructed me as to what I can say or reveal so can I tell the contractor that IG is reviewing the current situation in order to facilitate change and promote competition?