Legis Daily

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

USA117th CongressS-3905| Senate 
| Updated: 12/27/2022
Gary C. Peters

Gary C. Peters

Democratic Senator

Michigan

Cosponsors (3)
Joni Ernst (Republican)Margaret Wood Hassan (Democratic)Chuck Grassley (Republican)

Homeland Security and Governmental Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.

Bill Text Versions

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Timeline
Mar 23, 2022
Introduced in Senate
Mar 23, 2022
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
May 25, 2022
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Jul 20, 2022

Latest Companion Bill Action

HR 117-7602
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 17.
Aug 1, 2022
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)
Aug 1, 2022
Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S3825-3826)
Aug 1, 2022
Measure laid before Senate by unanimous consent. (consideration: CR S3825-3826)
Aug 1, 2022
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
Aug 2, 2022
Message on Senate action sent to the House.
Aug 2, 2022
Received in the House.
Aug 2, 2022
Held at the desk.
Dec 14, 2022
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.
Dec 14, 2022
Considered under the provisions of rule H. Res. 1518. (consideration: CR H9745-9752)
Dec 14, 2022
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.
Dec 14, 2022
DEBATE - The House proceeded with one hour of debate on S. 3905.
Dec 15, 2022
The previous question was ordered pursuant to the rule.
Dec 15, 2022
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.
Dec 15, 2022
Considered as unfinished business. (consideration: CR H9840-9841)
Dec 15, 2022
On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524). (text: CR H9837)
View Vote
Dec 15, 2022
Motion to reconsider laid on the table Agreed to without objection.
Dec 23, 2022
Presented to President.
Dec 27, 2022
Signed by President.
Dec 27, 2022
Became Public Law No: 117-324.
  • March 23, 2022
    Introduced in Senate


  • March 23, 2022
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • May 25, 2022
    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • July 20, 2022

    Latest Companion Bill Action

    HR 117-7602
    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 17.


  • August 1, 2022
    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)


  • August 1, 2022
    Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S3825-3826)


  • August 1, 2022
    Measure laid before Senate by unanimous consent. (consideration: CR S3825-3826)


  • August 1, 2022
    Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.


  • August 2, 2022
    Message on Senate action sent to the House.


  • August 2, 2022
    Received in the House.


  • August 2, 2022
    Held at the desk.


  • December 14, 2022
    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.


  • December 14, 2022
    Considered under the provisions of rule H. Res. 1518. (consideration: CR H9745-9752)


  • December 14, 2022
    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.


  • December 14, 2022
    DEBATE - The House proceeded with one hour of debate on S. 3905.


  • December 15, 2022
    The previous question was ordered pursuant to the rule.


  • December 15, 2022
    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.


  • December 15, 2022
    Considered as unfinished business. (consideration: CR H9840-9841)


  • December 15, 2022
    On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524). (text: CR H9837)
    View Vote


  • December 15, 2022
    Motion to reconsider laid on the table Agreed to without objection.


  • December 23, 2022
    Presented to President.


  • December 27, 2022
    Signed by President.


  • December 27, 2022
    Became Public Law No: 117-324.

Government Operations and Politics

Related Bills

  • HRES 117-1518: Providing for consideration of the bill (H.R. 1948) to amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration; providing for consideration of the bill (S. 3905) to prevent organizational conflicts of interest in Federal acquisition, and for other purposes; providing for consideration of the bill (S. 4003) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for training on alternatives to use of force, de-escalation, and mental and behavioral health and suicidal crises; providing for the consideration of the Senate amendment to the bill (H.R. 1437) to amend the Weather Research and Forecasting Innovation Act of 2017 to direct the National Oceanic and Atmospheric Administration to provide comprehensive and regularly updated Federal precipitation information, and for other purposes; relating to consideration of the Senate amendments to the bill (H.R 2617) to amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes; and for other purposes.
  • HR 117-7602: Preventing Organizational Conflicts of Interest in Federal Acquisition Act
Administrative law and regulatory proceduresGovernment ethics and transparency, public corruptionGovernment information and archivesPublic contracts and procurement

Preventing Organizational Conflicts of Interest in Federal Acquisition Act

USA117th CongressS-3905| Senate 
| Updated: 12/27/2022
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.

Bill Text Versions

View Text
4 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 23, 2022
Introduced in Senate
Mar 23, 2022
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
May 25, 2022
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Jul 20, 2022

Latest Companion Bill Action

HR 117-7602
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 17.
Aug 1, 2022
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)
Aug 1, 2022
Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S3825-3826)
Aug 1, 2022
Measure laid before Senate by unanimous consent. (consideration: CR S3825-3826)
Aug 1, 2022
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
Aug 2, 2022
Message on Senate action sent to the House.
Aug 2, 2022
Received in the House.
Aug 2, 2022
Held at the desk.
Dec 14, 2022
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.
Dec 14, 2022
Considered under the provisions of rule H. Res. 1518. (consideration: CR H9745-9752)
Dec 14, 2022
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.
Dec 14, 2022
DEBATE - The House proceeded with one hour of debate on S. 3905.
Dec 15, 2022
The previous question was ordered pursuant to the rule.
Dec 15, 2022
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.
Dec 15, 2022
Considered as unfinished business. (consideration: CR H9840-9841)
Dec 15, 2022
On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524). (text: CR H9837)
View Vote
Dec 15, 2022
Motion to reconsider laid on the table Agreed to without objection.
Dec 23, 2022
Presented to President.
Dec 27, 2022
Signed by President.
Dec 27, 2022
Became Public Law No: 117-324.
  • March 23, 2022
    Introduced in Senate


  • March 23, 2022
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • May 25, 2022
    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • July 20, 2022

    Latest Companion Bill Action

    HR 117-7602
    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 17.


  • August 1, 2022
    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)


  • August 1, 2022
    Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S3825-3826)


  • August 1, 2022
    Measure laid before Senate by unanimous consent. (consideration: CR S3825-3826)


  • August 1, 2022
    Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.


  • August 2, 2022
    Message on Senate action sent to the House.


  • August 2, 2022
    Received in the House.


  • August 2, 2022
    Held at the desk.


  • December 14, 2022
    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.


  • December 14, 2022
    Considered under the provisions of rule H. Res. 1518. (consideration: CR H9745-9752)


  • December 14, 2022
    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.


  • December 14, 2022
    DEBATE - The House proceeded with one hour of debate on S. 3905.


  • December 15, 2022
    The previous question was ordered pursuant to the rule.


  • December 15, 2022
    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.


  • December 15, 2022
    Considered as unfinished business. (consideration: CR H9840-9841)


  • December 15, 2022
    On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524). (text: CR H9837)
    View Vote


  • December 15, 2022
    Motion to reconsider laid on the table Agreed to without objection.


  • December 23, 2022
    Presented to President.


  • December 27, 2022
    Signed by President.


  • December 27, 2022
    Became Public Law No: 117-324.
Gary C. Peters

Gary C. Peters

Democratic Senator

Michigan

Cosponsors (3)
Joni Ernst (Republican)Margaret Wood Hassan (Democratic)Chuck Grassley (Republican)

Homeland Security and Governmental Affairs Committee

Government Operations and Politics

Related Bills

  • HRES 117-1518: Providing for consideration of the bill (H.R. 1948) to amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration; providing for consideration of the bill (S. 3905) to prevent organizational conflicts of interest in Federal acquisition, and for other purposes; providing for consideration of the bill (S. 4003) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for training on alternatives to use of force, de-escalation, and mental and behavioral health and suicidal crises; providing for the consideration of the Senate amendment to the bill (H.R. 1437) to amend the Weather Research and Forecasting Innovation Act of 2017 to direct the National Oceanic and Atmospheric Administration to provide comprehensive and regularly updated Federal precipitation information, and for other purposes; relating to consideration of the Senate amendments to the bill (H.R 2617) to amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes; and for other purposes.
  • HR 117-7602: Preventing Organizational Conflicts of Interest in Federal Acquisition Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresGovernment ethics and transparency, public corruptionGovernment information and archivesPublic contracts and procurement