OCI Mitigation Plan Requirements

Examples

• 1.A contractor submitting an OCI mitigation plan with a detailed firewall description separating the advisory team from the competitive proposal team
• 2.A mitigation plan that includes mandatory OCI training for all affected personnel, regular compliance audits, and designated ethics officers
• 3.A plan requiring the contractor to divest a business unit that creates an irreconcilable conflict of interest
• 4.A joint venture restructuring its teaming arrangement to eliminate a subcontractor relationship that created impaired objectivity

Mitigation Strategies

• +Describe specific physical, organizational, and electronic barriers between conflicted personnel and functions
• +Identify named individuals responsible for OCI compliance and monitoring
• +Establish mandatory OCI training programs with documented completion records
• +Include provisions for government inspection and audit of OCI compliance
• +Define consequences for OCI violations, including contract termination and personnel removal

Consequences

• !Rejection of the proposal if the mitigation plan is deemed insufficient by the contracting officer
• !Post-award discovery of OCI violations can result in contract termination for default
• !Government enforcement actions including suspension or debarment for failure to implement approved mitigation measures
• !Liability for damages if a competitor can demonstrate harm from an unmitigated conflict
• !Requirement to reimburse the government for costs of re-competition if the procurement is invalidated due to OCI

Other Access-Based Conflicts

Other OCI Types