Trogdor

SETA and OCI

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Subject: Is it legal for a small business to do SETA work and R&D/prototype development for different government agencies?

Background: I have been researching changes to Organizational Conflict of Interest (OCI) requirements as a result of WSARA (Weapon Systems Acquisition Reform Act of 2009). I have looked at the FAR, DFAR, and various GAO reports. We are a small technology development company that develops specialized prototypes for DoD. However, we have been asked to join a team for

Systems Engineering and Technical Assistance (SETA) work for a different DoD customer. We are concerned about potential OCI issues.

Question: Are there any legal or OCI issues that a small technology development company needs to be aware of before undertaking a SETA contract?

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Question: Are there any legal or OCI issues that a small technology development company needs to be aware of before undertaking a SETA contract?

Trogdor:

The answer, of course, is yes. Since you say you've read FAR, see if you can get your hands on a copy of a publication called a Briefing Paper, with the title, "Organizational Conflicts of Interest/Edition IV," by Daniel A. Cantu, published by Thomson West in November 2006. The legal citation for that publication is 06-12 BRPapers 1. If someone in your company has access to Westlaw you can obtain it that way. That paper will give you a framework for discussion with an attorney with government contracting expertise.

An attorney, Trogdor. Your company needs to talk to an attorney. The subject is very complex.

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