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Public Law117th CongressGovernment Operations and Politics
S. 3905Became Law

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

This bill became law

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What it doesSummary public law (Dec 27, 2022)

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

This act addresses conflicts of interest in federal acquisitions.

Specifically, the act directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update

  • definitions related to specific types of organizational conflicts of interest;
  • definitions, guidance, and illustrative examples related to relationships of contractors with public, private, domestic, and foreign entities that may cause contract support to be subject to potential organizational conflicts; and
  • illustrative examples of situations related to the potential organizational conflicts identified.

Further, the council must revise the FAR to

  • provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
  • allow agencies to tailor such solicitation provisions and contract clauses as necessary to address risks associated with conflicts of interest and other considerations that may be unique to the agency;
  • require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this act and periodically assess and update such procedures as needed to address agency-specific conflict issues; and
  • update FAR procedures to permit contracting officers to take into consideration professional standards and procedures to prevent organizational conflicts of interest to which an offeror or contractor is subject.

What just happenedDec 27, 2022

Became Public Law No: 117-324.

Who’s behind it

Sen. Peters, Gary C. [D-MI](D-MI)Sponsor
3 cosponsors1 D2 R
Read on Congress.gov
3cosponsors1committees27actions1amendments2related bills4subjects
  1. Dec 27, 2022President

    Became Public Law No: 117-324.

  2. Dec 27, 2022BecameLaw36000

    Became Public Law No: 117-324.

  3. Dec 27, 2022President

    Signed by President.

  4. Dec 27, 2022BecameLaw36000

    Signed by President.

  5. Dec 23, 2022Floor

    Presented to President.

  6. Dec 23, 2022President28000

    Presented to President.

  7. Dec 14, 2022FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  8. Dec 14, 2022FloorH37100

    On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524). (text: CR H9837)

  9. Dec 14, 2022Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524).

  10. Dec 14, 2022FloorH30000

    Considered as unfinished business. (consideration: CR H9840-9841)

  11. Dec 14, 2022FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on S. 3905, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Keller demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  12. Dec 14, 2022FloorH35000

    The previous question was ordered pursuant to the rule.

  13. Dec 14, 2022FloorH8D000

    DEBATE - The House proceeded with one hour of debate on S. 3905.

  14. Dec 14, 2022FloorH8D000

    Rule provides for consideration of H.R. 1948, S. 3905 and S. 4003. Rule provides for one hour of general debate each for H.R. 1948, S. 3905, S. 4003. Rule provides for one hour of general debate on the Senate amendment to H.R. 1437. Rule provides that H. Res. 1516 and H. Con. Res. 124 are adopted. Rule provides that the House shall be considered to have taken from the Speaker's table H.R. 2617, with the Senate amendments thereto, to have concurred in the Senate amendments numbered 1, 2, 3, and 5, and to have concurred in the Senate amendment numbered 4 with an amendment consisting of the text of Rules Committee Print 117-73.

  15. Dec 14, 2022FloorH30000

    Considered under the provisions of rule H. Res. 1518. (consideration: CR H9745-9752)

  16. Dec 14, 2022FloorH1L210

    Rules Committee Resolution H. Res. 1518 Reported to House. Rule provides for consideration of H.R. 1948, S. 3905 and S. 4003. Rule provides for one hour of general debate each for H.R. 1948, S. 3905, S. 4003. Rule provides for one hour of general debate on the Senate amendment to H.R. 1437. Rule provides that H. Res. 1516 and H. Con. Res. 124 are adopted. Rule provides that the House shall be considered to have taken from the Speaker's table H.R. 2617, with the Senate amendments thereto, to have concurred in the Senate amendments numbered 1, 2, 3, and 5, and to have concurred in the Senate amendment numbered 4 with an amendment consisting of the text of Rules Committee Print 117-73.

  17. Aug 2, 2022FloorH15000

    Held at the desk.

  18. Aug 2, 2022FloorH14000

    Received in the House.

  19. Aug 2, 2022Floor

    Message on Senate action sent to the House.

  20. Aug 1, 2022Floor

    Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S3825-3826)

  21. Aug 1, 2022Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S3825-3826)

  22. Aug 1, 2022Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S3825-3826)

  23. Aug 1, 2022Discharge

    Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.

    Homeland Security and Governmental Affairs Committee
  24. Aug 1, 2022Committee14500

    Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.

    Homeland Security and Governmental Affairs Committee
  25. May 25, 2022Committee

    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Homeland Security and Governmental Affairs Committee
  26. Mar 23, 2022IntroReferral

    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

    Homeland Security and Governmental Affairs Committee
  27. Mar 23, 2022IntroReferral10000

    Introduced in Senate

Public LawDec 27, 202249

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

This act addresses conflicts of interest in federal acquisitions.

Specifically, the act directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update

  • definitions related to specific types of organizational conflicts of interest;
  • definitions, guidance, and illustrative examples related to relationships of contractors with public, private, domestic, and foreign entities that may cause contract support to be subject to potential organizational conflicts; and
  • illustrative examples of situations related to the potential organizational conflicts identified.

Further, the council must revise the FAR to

  • provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
  • allow agencies to tailor such solicitation provisions and contract clauses as necessary to address risks associated with conflicts of interest and other considerations that may be unique to the agency;
  • require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this act and periodically assess and update such procedures as needed to address agency-specific conflict issues; and
  • update FAR procedures to permit contracting officers to take into consideration professional standards and procedures to prevent organizational conflicts of interest to which an offeror or contractor is subject.
Passed HouseDec 14, 202253

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

This bill addresses conflicts of interest in federal acquisitions.

Specifically, the bill directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update

  • definitions related to specific types of organizational conflicts of interest;
  • definitions, guidance, and illustrative examples related to relationships of contractors with public, private, domestic, and foreign entities that may cause contract support to be subject to potential organizational conflicts; and
  • illustrative examples of situations related to the potential organizational conflicts identified.

Further, the council must revise the FAR to

  • provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
  • allow agencies to tailor such solicitation provisions and contract clauses as necessary to address risks associated with conflicts of interest and other considerations that may be unique to the agency;
  • require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this bill and periodically assess and update such procedures as needed to address agency-specific conflict issues; and
  • update FAR procedures to permit contracting officers to take into consideration professional standards and procedures to prevent organizational conflicts of interest to which an offeror or contractor is subject.
Passed SenateAug 1, 202255

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

This bill addresses conflicts of interest in federal acquisitions.

Specifically, the bill directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update

  • definitions related to specific types of organizational conflicts of interest;
  • definitions, guidance, and illustrative examples related to relationships of contractors with public, private, domestic, and foreign entities that may cause contract support to be subject to potential organizational conflicts; and
  • illustrative examples of situations related to the potential organizational conflicts identified.

Further, the council must revise the FAR to

  • provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
  • allow agencies to tailor such solicitation provisions and contract clauses as necessary to address risks associated with conflicts of interest and other considerations that may be unique to the agency;
  • require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this bill and periodically assess and update such procedures as needed to address agency-specific conflict issues; and
  • update FAR procedures to permit contracting officers to take into consideration professional standards and procedures to prevent organizational conflicts of interest to which an offeror or contractor is subject.
Introduced in SenateMar 23, 2022

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

This bill addresses conflicts of interest in federal acquisitions.

Specifically, the bill directs the Federal Acquisition Regulatory Council to (1) identify contracting methods, types, and services that raise heightened concerns for potential organizational conflicts of interest beyond those currently addressed in the Federal Acquisition Regulation (FAR); and (2) revise the FAR to address organizational conflicts of interest and require executive agencies to take certain actions.

The council must revise the FAR to

  • provide and update definitions related to organizational conflicts of interest, to include specified contractor relationships;
  • provide executive agencies with solicitation and contract provisions that require contractors to disclose information relevant to potential organizational conflicts of interest and limit future contracting with respect to potential conflicts; and
  • require executive agencies to establish or update agency conflict of interest procedures to implement these FAR revisions and address agency-specific conflict of interest issues.
Preventing Organizational Conflicts of Interest in Federal Acquisition Act — Informed