Photo of Peter J. EyrePhoto of Daniel R. FormanPhoto of Olivia LynchPhoto of Rob Sneckenberg

On March 23, 2022, a bipartisan group of senators introduced the Preventing Organizational Conflicts of Interest in Federal Acquisition Act. Designed to identify and address potential conflicts of interest in the federal acquisition system, current and prospective government contractors should closely monitor the Act’s progress.

The Act emphasizes the potential for conflicts of interest due to contractor business relationships that could lead to impaired objectivity or undue influence, and would require the Federal Acquisition Regulatory (FAR) Council to take certain actions within 18 months of enactment. Specifically, the FAR Council would be required to identify “contracting methods, types, and services that raise heightened concerns for potential organizational conflicts of interest” beyond those currently addressed in the FAR. The Act would also require the FAR Council to revise the FAR to achieve specific goals, including: (i) addressing organizational conflicts of interest “with sufficiently rigorous, comprehensive, and consistent governmentwide policy and guidance to prevent or effectively mitigate such conflicts of interest;” (ii) providing updated definitions related to conflicts of interest, including “contractor relationships with public, private, domestic, and foreign entities that may cause contract support to be subject to potential conflicts of interest, including undue influence;” (iii) providing solicitation and contract provisions for executive agencies that require contractors to disclose information relevant to potential conflicts of interest and to limit future contracting with respect to potential conflicts of interest; (iv) requiring executive agencies to tailor solicitation and contract clauses to provide specific information required to be disclosed and limitations on future contracting based on potential conflicts; and (v) requiring agencies to establish or update their procedures to implement any FAR revisions made pursuant to the Act.

Crowell will continue to track the Act as it makes its way through Congress.

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Photo of Peter J. Eyre Peter J. Eyre

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and…

Peter J. Eyre is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He is also a member of the firm’s Management Board. Peter was named to BTI Consulting Group’s list of “Client Service All-Stars” in 2016, 2017, and 2019 and has been named an Acritas Star, Acritas Stars Independently Rated Lawyers (2016, 2017, 2019). He is nationally ranked by Chambers USA in Government Contracts since 2014, and by Super Lawyers since 2017.

Photo of Daniel R. Forman Daniel R. Forman

Daniel R. Forman is a partner in Crowell & Moring’s Washington, D.C. office and is co-chair of the firm’s Government Contracts Group.

Dan’s practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation…

Daniel R. Forman is a partner in Crowell & Moring’s Washington, D.C. office and is co-chair of the firm’s Government Contracts Group.

Dan’s practice focuses on a wide variety of government procurement law, including bid protests, False Claims Act and qui tam litigation, investigations of potential civil and criminal matters, ethics and compliance, contract claims and disputes, GSA schedule contracting, and small disadvantaged business contracting. Dan is also experienced in negotiating and drafting teaming agreements and subcontracts, as well as providing counseling on the interpretation of FAR clauses and solicitations. Dan’s practice also focuses on state and local procurement matters, including State False Claims Act issues, lobbying and contingency payment compliance. He has been involved in bid protest litigation in six states and the District of Columbia. Dan is ranked as a Band 1 ranked attorney by Chambers USA, listed as a two-time Law360 MVP (2015, 2020), was named to Legal 500’s “Hall of Fame” for Government Contracts in their 2020 Guide, is an Acritas Star, named as a Thomson Reuters Stand-Out Lawyer, and was previously named to BTI’s list of “Client Service All-Stars.

Photo of Olivia Lynch Olivia Lynch

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and…

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and various aspects of state and local procurement law.

Photo of Rob Sneckenberg Rob Sneckenberg

Rob Sneckenberg is a government contracts litigator in Crowell & Moring’s Washington, D.C. office. He routinely first chairs bid protests before the U.S. Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), and has successfully argued multiple appeals before the U.S.

Rob Sneckenberg is a government contracts litigator in Crowell & Moring’s Washington, D.C. office. He routinely first chairs bid protests before the U.S. Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), and has successfully argued multiple appeals before the U.S. Court of Appeals for the Federal Circuit. He also represents contractors in contract claim and cost accounting disputes before the Armed Services Board of Contract Appeals (ASBCA), and counsels clients on a wide array of government contracts investigations. Rob is very active in Crowell & Moring’s pro bono program, where he focuses on civil and criminal appeals.