The following charts summarize the interplay between various U.S. “conflict of interest” laws that aim to reduce the risk of unfair competitive advantages and favoritism federal procurements.
NOTE: These charts do not incorporate the nuance or highly technical exceptions and procedural requirements that someone must consider when analyzing a COI issue. Moreover, the information contained on this page is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Author
Jessica Tillipman is the Associate Dean for Government Procurement Law Studies at The George Washington University Law School. She teaches the law school’s Anti-Corruption & Compliance, a course that focuses on anti-corruption, ethics, and compliance issues in government procurement.
Email: jtillipman@law.gwu.edu
INTERPLAY BETWEEN ETHICS LAWS & THE FEDERAL ACQUISITION REGULATION (FAR)
This chart summarizes two of the more prominent “ethics” laws that address prohibit personal conflicts of interest and favoritism in government operations. It compares them to two of the more prominent COI provisions found in the Federal Acquisition Regulation (FAR) – the rulebook for U.S. federal procurements.
Notably, this does not include other “ethics” laws that also address conflicts. The U.S. Office of Government Ethics has an excellent and reader-friendly guide that explains the various COI laws that are applicable to executive branch employees.
FEDERAL ACQUISITION-BASED CONFLICT OF INTEREST PROVISIONS
This chart summarizes the FAR-based conflict of interest provisions, including (1) FAR 3.101-1 (Standards of Conduct); (2) FAR Subpart 3.6 – Contracts with Government Employees or Organizations Owned or Controlled by Them, (3) FAR Subpart 3.11 – Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions, (4) FAR 9.5 (Organizational and Consultant Conflicts of Interest)
It does not include, where relevant, the corresponding FAR “clause” or “solicitation provision.” For example, FAR 3.11 requires the inclusion of FAR 52.203-16 Preventing Personal Conflicts of Interest, in contracts and solicitations that: (1) Exceed the simplified acquisition threshold; and (2) Include a requirement for services by contractor employee(s) that involve performance of acquisition functions closely associated with inherently governmental functions for, or on behalf of, a Federal agency or department.
