Insights / Blog

Organizational Conflict of Interest

Organizational Conflict of Interest

Organizational Conflict of Interest (OCI) appears to be undergoing a metamorphosis of sorts.  What has been a somewhat vague aspect of the Federal Acquisition Regulation (FAR), open for interpretation, and reliant heavily on the understanding and interpretation of the Contracting Officer (CO) may emerge with greater clarity, more focus, and with more burden placed on the government contractor. 

The change is currently going to be limited to the Department of Defense (DoD) and its contractors when the revised DFARS rules related to OCI are finalized and implemented.  However, a corresponding revision to the FAR will not be long behind, applying the new rules, new clarity, and new obligations across federal agencies and to all federal government contractors.

Among the changes, the DoD proposed rules revise the definition of OCI to reflect recent case law; address IDIQ contracts by expanding OCI coverage to task and delivery orders;  provide greater guidance to the CO charged with primary responsibility for identifying OCI situations by explicitly requiring COs to consider potential OCIs both during solicitation preparation and during proposal evaluation; and clarify that mitigation of the OCI is the preferred resolution mechanism over avoidance or limitation on future contracting.  Each of these aspects is intended to provide clarity and consistency in dealing with actual and potential OCI situations.  The goal always being to ensure fair and open competition with an even playing field for interested and qualified contractors.

Where concern is being voiced, it is from contractors related to the proposed broad pre-award and post-award disclosure requirements and certification requirements.  Extra work for the contractors?  Certainly.  We’ll have to be more diligent in identifying actual and potential OCIs as well as in notifying the CO when those situations arise.  Greater liability or at least a greater risk of being conflicted out of future work?  Maybe.

However, if the preference for mitigation plays out in any meaningful way, the concern that contractors have that the rules will cause a CO reflex to “no” rather than working resolution through the conflict may be unfounded.  Best case scenario, the future of OCI has increased clarity, focus, guidance, and will be playing its part to allow contract awards that are in the best interests of the government while also with the most qualified contractor with a commitment from each party to address conflicts early and often.

Blog

Contributors

Arc Aspicio |

Arc Aspicio enhances the future of our nation by creating bold ideas and bringing them to life. A consulting and solutions company, Arc Aspicio solves problems by applying our integrated capabilities in strategy, design, data, human capital, behavioral science, and technology. The company passionately pursues our vision to be the hub of creativity where people take action to change the world. To do this, employees collaborate with clients and partners to create solutions using a human-centered approach. Innovation is not possible without action. The company focuses on strategy first, then takes a hands-on approach implementing ideas to achieve results. Join Arc Aspicio and our Strategy Innovation Lab (SILab) by creating and sharing ideas to inspire people to change the world. Follow us on Twitter @ArcAspicio @SILabDC and, #welovedogs!

Meet Arc Aspicio  |  View all Insights by Arc Aspicio

△
Culture is the Strategy Engine: Empowering Managers to Lead with Data

Culture is the Strategy Engine: Empowering Managers to Lead with Data

Strategy is a set of decisions about what an organization will – and will not – do to achieve its goals. The larger the organization, the more challenging it is to implement a strategy. A clear, well-understood strategy helps focus resources and effort on an organization’s most important priorities. Culture, however, is the key to making strategy happen, especially in large, complex organizations like the Federal Government.

→
Lynn Ann Casey
,
Picture This: How Information Graphics Tell a Story to Key Stakeholders

Picture This: How Information Graphics Tell a Story to Key Stakeholders

Effective communication is essential for Government program leaders, especially when conveying complex or mission-critical information to stakeholders. While traditional methods like written or spoken updates can fall short, infographics offer a powerful alternative by making data more accessible, memorable, and engaging. By mastering the key principles of infographics in storytelling, leaders can transform stakeholder communication. Using well-crafted infographics not only enhances clarity but also drives stronger project outcomes.

→
Christian Duncan
,
Taking a Human-centered Approach to Address Challenges at our Border

Taking a Human-centered Approach to Address Challenges at our Border

In today’s global landscape – shaped by increased migration, globalization, and evolving security concerns – agencies like U.S. Customs and Border Protection (CBP) must balance national security with the efficient processing of individuals entering the country lawfully. To manage risk and maintain security, CBP can continue to prioritize the needs of travelers who must enter the country quickly by taking a human-centered approach.

→
Arc Aspicio
, ,
Enhancing Homeland Security Operations with GenAI

Enhancing Homeland Security Operations with GenAI

Every month, artificial intelligence (AI) increases in both popularity and capability. AI refers to a computer’s ability to perform automated tasks in a manner that mimics human intelligence. In today’s fast-paced environment, AI provides Federal agencies with a solution to reduce time spent on repetitive tasks (e.g., data entry and analysis) to prioritize complex, mission-critical work.

→
Jackie Lamb
, ,
Why Lasting Collaboration is Key for Effective AI Regulation

Why Lasting Collaboration is Key for Effective AI Regulation

With the advent of generative AI and the explosion of data privacy, bias, and other concerns, the need for effective AI regulation is becoming increasingly important.

The Federal Government and private sector already have an interest in working together to create strong regulations. The private sector’s knowledge and flexibility provides innovative solutions to the Federal Government, while rigid Federal regulations reduce the likelihood that tech companies will invest in products that could be regulated out of existence.

→
Arc Aspicio
,
Telling Stories with Data

Telling Stories with Data

In today’s fast-paced world, where information overload is the norm, effective data storytelling is essential for Government agencies to interpret complex datasets and clearly communicate insights to policy makers and stakeholders. Agencies like Homeland Security are tasked with enhancing their decision-making and information capabilities to fulfill their missions, report to Congress, and engage with citizens. It is imperative for Federal agencies to use available tools and capabilities to conceptualize and effectively communicate data-driven insights.

→
SILab
, ,
Trust and Understanding: Knowing Your Stakeholders is the Key to Delivering Mission Results

Trust and Understanding: Knowing Your Stakeholders is the Key to Delivering Mission Results

Building trust with stakeholders takes a thoughtful, structured approach that prioritizes understanding their needs, expectations, and perspectives. A consistent, repeatable process, founded on proven principles of human-centered design, allows for a tailored approach to better engage and connect with stakeholders and deliver effective solutions through the most effective channels.

→
Arc Aspicio
, ,
From Paralegal to Consultant: Applying Mission Experience

From Paralegal to Consultant: Applying Mission Experience

After four years as a paralegal for the Department of Justice (DOJ) Antitrust Division, I made a pivotal decision to transition into a consulting career focused on Federal clients. This shift wasn’t just a career change, but a strategic move that allowed me to apply my unique skill set and extensive understanding of Federal processes to offer helpful solutions as a consultant.

→
Maribel Fernandez
,
Building Trust in Government through Transparency and Accountability

Building Trust in Government through Transparency and Accountability

Building trust in the Government requires transparency and accountability. In recent years, sociopolitical challenges, technological advancements, and local issues have eroded some public confidence in Government institutions. To address this, Federal agencies can intentionally invest in fostering transparency and demonstrating their commitment to accountability by taking thoughtful and clear actions tied to mission goals.

→
Arc Aspicio
,
GSA Awards Arc Aspicio OASIS+ WOSB Contract

GSA Awards Arc Aspicio OASIS+ WOSB Contract

Arlington, VA, October 18, 2024 – GSA awarded Arc Aspicio the OASIS+ Woman-owned Small Business (WOSB) Indefinite Delivery/Indefinite Quantity (IDIQ) contract. A Government-wide contract vehicle, OASIS+ WOSB allows Arc Aspicio to competitively bid on opportunities to provide Federal government agencies with complex non-IT service requirements for the next 10 years, with no ceiling value and no cap on orders. Click to read more.

→
Arc Aspicio
Smithsonian Institution Awards Arc Aspicio Consulting Services Contract

Smithsonian Institution Awards Arc Aspicio Consulting Services Contract

Arlington, VA, August 20, 2024 – The Smithsonian Institution selected Arc Aspicio as one of 11 firms on a 10-year Indefinite Delivery Indefinite Quantity (IDIQ) contract. This contract enables Arc Aspicio to provide the world’s largest museum, education, and research institution with services that support its transformation of learning and discovery – in person and digitally. Click to read more.

→
Arc Aspicio
Arc Aspicio Celebrates 20th Anniversary Serving the Government

Arc Aspicio Celebrates 20th Anniversary Serving the Government

Arlington, VA, August 6, 2024 – Arc Aspicio announced its 20 years of service to the Federal government in solving complex challenges as they serve the American public through innovative consulting and professional services. Starting with an intense focus on homeland security, where it supported 154 projects for the Department of Homeland Security (DHS) and its agencies, the company has expanded into justice and law enforcement, museums and education, and serving non-profit organizations. Click to read more.

→
Arc Aspicio