NAVY 5252.209-9203 Organizational Conflict of Interest (Access To Proprietary Information) Basic (Dec 1999)

This clause has not been authorized for official release. We recommend deferring to the text of the clause in your RFP or contract. 


(a) This task order provides for the Contractor  to provide technical evaluation  and/or advisory and assistance services in support of [ ].    The parties recognize  that by the Contractor providing this support a potential conflict of interest arises as described by FAR 9.505-3  and FAR 9.505-4.

(b) For the purpose of this clause, the term "contractor" means the contractor,  its subsidiaries  and affiliates, joint ventures involving the contractor, any entity with which the contractor may hereafter merge or affiliate, and any other successor or assignee of the contractor.

(c) The Contractor  agrees to execute agreements with companies flllllishing proprietrny data in connection with work performed nnder this task order, which obligates the Contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietrny, and to furnish copies of such agreements to the Contracting Officer.  The Contractor further agrees that such proprietaiy  data shall not be used in performing additional work for the Department of Defense in the same field as work performed nnder this task order  whether as a prime, consultant or subcontractor at any tier.

(d) The contractor shall, within 15 days after the effective date of this task order, provide, in writing, to the Contracting Officer, a representation  that all employees, agents and subcontractors  involved in the performance of this contract have been informed of the provisions  of this clause.  Any subcontractor that performs any work relative to this task order shall be subject to this clause.  The contractor agrees to place in each subcontract  affected by these provisions the necessrny language contained in this clause.

(e) The Contractor  further agrees that it will not perform technical evaluations as described in the SOW for any product it has designed, developed, or manufactured in whole or in part.  The Contractor  further agrees to notify the Contracting Officer should it be tasked to conduct such technical evaluations  on such products and to take no action unless directed to do so by the Contracting Officer.

(f) The Contractor  acknowledges  the full force and effect of this clause.  It agrees to be bonnd by its terms and conditions and rmderstands that violation  of this clause may, in the judgment of the Contracting Officer, be cause for Termination for Default nnder FAR 52.249-6.   The Contractor also acknowledges that this does not represent the sole and exclusive remedy available to the government in the event the Contractor  breaches this or any other Organizational  Conflict of Interest clause.

(End of clause0

Any subcontractor that performs any work relative to this contract shall be subject to this clause.


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)

5252.209-9205 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


3052.209-72 Organizational Conflict of Interest.

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.

Working with a set of FAR clauses from an RFP or contract?

Try pasting them into our tool to instantly generate a risk profile, including the basic flow down recommendation.


Works best with Chrome and Edge browsers!