Combined OCI (Multiple Types)

Examples

• 1.A SETA contractor that helped write the SOW (biased ground rules), has access to competitors' proposals (unequal access), and is evaluating the proposals (impaired objectivity)
• 2.A program management support contractor with access to cost data (unequal access) that also evaluates contractor performance (impaired objectivity) for a program on which its parent company is a subcontractor
• 3.A consulting firm that developed the acquisition strategy (biased ground rules) and manages the source selection process (unequal access) while its affiliated company plans to compete

Mitigation Strategies

• +Conduct a comprehensive OCI analysis addressing each type of conflict separately and in combination
• +Develop a multi-layered mitigation plan with firewalls, NDAs, recusal procedures, and independent oversight
• +Consider whether the cumulative risk is too great for mitigation and exclusion is the only appropriate remedy
• +Require the contractor to propose its own mitigation plan, subject to government approval and monitoring
• +Include OCI monitoring and compliance provisions in the contract with government audit rights

Consequences

• !Higher likelihood of exclusion from the procurement due to cumulative conflict risk
• !Greater scrutiny from GAO and courts when multiple OCI types are present
• !Increased cost and administrative burden of implementing multi-layered mitigation
• !Potential referral to the Inspector General for investigation if combined conflicts suggest systemic ethical failures
• !Long-term damage to the contractor's ability to compete for advisory, evaluation, and production contracts simultaneously

Other Impairment-Based Conflicts

Other OCI Types