FAR out Posted October 16, 2012 Report Share Posted October 16, 2012 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. Link to comment Share on other sites More sharing options...
here_2_help Posted October 16, 2012 Report Share Posted October 16, 2012 Yes, there are "potential OCI issues." Whether they are actual issues, or simply potential issues, is based on facts and circumstances. Hope this helps. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted October 16, 2012 Report Share Posted October 16, 2012 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. Link to comment Share on other sites More sharing options...
FAR out Posted October 17, 2012 Author Report Share Posted October 17, 2012 Thank you both. I suspected that it is not an OCI but wanted verification. Link to comment Share on other sites More sharing options...
here_2_help Posted October 17, 2012 Report Share Posted October 17, 2012 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 Link to comment Share on other sites More sharing options...
FAR out Posted October 18, 2012 Author Report Share Posted October 18, 2012 Agreed. Thanks for your help. Link to comment Share on other sites More sharing options...
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