Unequal Access to Information

Examples

• 1.A systems engineering and technical assistance (SETA) contractor with access to competitors' proprietary technical proposals competing for the production contract
• 2.A contractor performing advisory and assistance services that has access to government cost estimates for a procurement in which it plans to compete
• 3.A contractor with access to source selection evaluation criteria and scoring before the solicitation is released publicly
• 4.An IT contractor managing a government database that contains proprietary contractor performance data, then competing for a follow-on contract

Mitigation Strategies

• +Establish information barriers (firewalls) between the team with access and any proposal team
• +Require non-disclosure agreements (NDAs) from all personnel with access to sensitive information
• +Implement physical and electronic separation of personnel and data systems
• +Have the contracting officer release the non-public information to all competitors (leveling)
• +Exclude the contractor from competing in the subsequent procurement (last resort)

Consequences

• !Disqualification from the competition where the unfair advantage exists
• !Sustained bid protests by competitors at GAO or the Court of Federal Claims
• !Contract termination if the OCI is discovered after award
• !Referral to the agency suspension and debarment official for potential debarment proceedings
• !Damage to the contractor's reputation and future business development opportunities

Other Access-Based Conflicts

Other OCI Types