Where Does it Say a Contractor is Excluded from Competition if They Helped Define the Requirement?

[Troy]

I once found a reference that cited parameters whereby contractors could be allowed to contribute to defining a Government requirement (now nowhere to be found). Does anyone know of citations dealing with this topic and the rules that apply? How would this effect the Governments ability to conduct a meaningful industry workshop, for the purpose of helping define a future requirement, and still allow participants to be able to compete afterward? 

[Don Mansfield]

Maybe you're looking for FAR subpart 9.5?

[Matthew Fleharty]

Troy,

I agree with Don that you're talking about Organization Conflicts of Interest (OCI) so review FAR Subpart 9.5, your agency's supplements, and, more specifically, it sounds like your concern would be related to "biased ground rules" so do some research on that topic as well.  I don't agree, however, with your initial inclination to disqualify a contractor from the competition as the solution to a potential OCI problem.  It is possible that disqualification may be the necessary course of action, but I'd argue that it should be the last resort given that CICA directs contracting officers to provide for full and open competition.  Finally, it depends what you mean by "helping define a future requirement," but an industry workshop/day with participation from multiple interested parties, consistent with FAR 15.201(a) through ( c ) shouldn't violate the standard for biased ground rules - though for my own learning/education I'd be interested to see if anyone knows of such a case where it has.

[Jamaal Valentine]

Troy:

If you want information regarding contractors preparing Specifications or Work Statements read FAR 9.505, General Rules, as mentioned by others. For general information, read FAR Part 3, Improper Business Practices and Personal Conflicts of Interest.

See also FAR 37.602, which states - A Performance Work Statement (PWS) may be prepared by the Government or result from a Statement of Objectives (SOO) prepared by the Government where the offeror proposes the PWS. I believe this could qualify as "contributing to defining the Government requirement".

 

[Troy]

Thanks all,

FAR 9.505-2(a)(1)(ii) appears to speak directly to the subject at hand. Specifically, "the rule" prohibiting a contractor who prepares or furnishes "complete specifications" from also performing them; offers an exception whereby this rule shall not apply to-

"Situations in which contractors, acting as industry representatives, help Government agencies prepare, refine, or coordinate specifications, regardless of source, provided this assistance is supervised and controlled by Government representatives."

[bob7947]

Please look at FAR 9.500: Organizational and Consultant Conflict of Interest.

You will see GAO decisions dating back to 1999; COFC opinions dating back to 2001; and CAFC appeals dating back to 2009.

To my knowledge, you cannot get that kind of free information anywhere but here.  It is viewed thousands of times each year.  Make it part of your viewing material too.