HSAR 3052.209-72 Organizational Conflict of Interest. Basic (Jun 2006) (Current)

As prescribed in (HSAR) 48 CFR 3009.507-1, the contracting officer shall insert a provision substantially the same as (HSAR) 3052.209-72, Organizational Conflict of Interest, in solicitations and contracts where a potential organizational conflict of interest exists and mitigation may be possible. The contracting officer shall ensure the conditions enumerated in (FAR) 48 CFR Subpart 9.5 warrant inclusion. The contracting officer shall include the information required by (FAR) 48 CFR 9.507-1 and (HSAR) 3052.209-72(a).


(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting [“contracting officer shall insert description here”] .

(b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award.

(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:

___ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or

___ (2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision.

(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan.

(e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.

(f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or dive stures that may affect this provision.

(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold.

(End of provision)


52.203-16 Preventing Personal Conflicts of Interest.

252.209-7006 Limitations on Contractors Acting as Lead System Integrators.

252.209-7007 Prohibited Financial Interests for Lead System Integrators.

252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest-Major Defense Acquisition Program.

252.209-7009 Organizational Conflict of Interest-Major Defense Acquisition Program.

1852.209-71 Limitation of Future Contracting.

1852.237-72 Access to Sensitive Information.



5252.209-9201 Organizational Conflict of Interest (Systems Engineering)

5252.209-9202 Organizational Conflict of Interest (Specification Preparation)

5252.209-9203 Organizational Conflict of Interest (Access To Proprietary Information)

5252.209-9205 Organizational Conflict of Interest

5252.209-9206 Employment of Navy Personnel Restricted

5252.227-9207 Limited Release of Contractor Confidential Business Information

5252.237-9603 Required Information Assurance and Personnel Security Requirements for Accessing Government Information Systems and Nonpublic Information



3052.209-73 Limitation of future contracting.

3052.209-74 Limitations on Contractors Acting as Lead System Integrators

3052.209-75 Prohibited Financial Interests for Lead System Integrators

5352.209-9000 Organizational Conflict of Interest

5352.209-9001 Potential Organizational Conflict of Interest

752.209-71 Organizational conflicts of interest discovered after award.

952.209-8 Organizational conflicts of interest-disclosure.

952.209-72 Organizational conflicts of interest.

1352.209-70 Potential organizational conflict of interest.

1352.209-71 Limitation of future contracting.

1352.209-74 Organizational conflict of interest.

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