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Contracting officers are required to identify and evaluate potential OCIs as early in the acquisition process as possible, and avoid, neutralize, or mitigate significant potential conflicts of interest before contract award. The responsibility for determining whether an actual or apparent conflict of interest will arise, and to what extent the firm should be excluded from the competition, rests with the contracting officer. BAE argues that the COs acknowledgement of the appearance of a conflict of interest should have been the end of the inquiry, and that the award to Leidos should have been found tainted as a result the advisors ownership of Leidos stock. See FAR 3.101-1; FAR 3.1103(a)(3)(iii); Celeris Sys., Inc., B-404651, Mar. Our Office has recognized that the appearance of a conflict of interest is sufficient to warrant action to address that conflict, such as exclusion of an offeror from a competition, even where no actual impropriety can be shown, provided that the agencys determination is based on fact, and not mere innuendo and suspicion. Rather, as discussed herein, the CO further examined the record and concluded that the advisors role did not give rise to a disqualifying conflict. As an initial matter, we address the agencys contention that the protesters OCI challenge is untimely. The agency contends that the protesters OCI argument is untimely, as it was not raised within 10 days of DRSs receipt of the OCI report, which the agency alleges provided the operative facts underlying the protesters OCI contention. The agency further argues that the protesters OCI argument, contained in a footnote in its July 30 protest, did not provide a sufficient legal and factual basis for protest, and that DRSs subsequent, more detailed OCI argument represents an untimely, piecemeal presentation of its argument. Based on our review of the record, we find that the protesters OCI argument was timely raised. Since these documents were first provided to the protester as part of the agency report, we find DRSs OCI argument timely. Thus, we have no basis to question the agencys conclusion that the testing work contained in section 3.1.2 of the PWS would not create a significant OCI for LMIS.
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Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.(a) The term "advertisement" includes the attempt by publication, dissemination, solicitation or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise and includes every work device to disguise any form of business solicitation by using such terms as "renewal", "invoice", "bill", "statement", or "reminder", to create an impression of existing obligation when there is none, or other language to mislead any person in relation to any sought after commercial transaction.(c) The term "person" includes any natural person or his legal representative, partnership, corporation (domestic and foreign), company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof.(e) The term "consumer" means any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household.(f) The terms "trade" and "commerce" mean the advertising, offering for sale, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated, and shall include any trade or commerce directly or indirectly affecting the people of this State.(g) The term "pyramid sales scheme" includes any plan or operation whereby a person in exchange for money or other thing of value acquires the opportunity to receive a benefit or thing of value, which is primarily based upon the inducement of additional persons, by himself or others, regardless of number, to participate in the same plan or operation and is not primarily contingent on the volume or quantity of goods, services, or other property sold or distributed or to be sold or distributed to persons for purposes of resale to consumers.In construing this section consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.(1) The use or employment of any chain referral sales technique, plan, arrangement or agreement whereby the buyer is induced to purchase merchandise upon the seller's promise or representation that if buyer will furnish seller names of other prospective buyers or like or identical merchandise that seller will contact the named prospective buyers and buyer will receive a reduction in the purchase price by means of a cash rebate, commission, credit toward balance due or any other consideration, which rebate, commission, credit or other consideration is contingent upon seller's ability to sell like or identical merchandise to the named prospective buyers, is declared to be an unlawful practice within the meaning of this Act.(2) It is an unlawful practice within the meaning of this Act for any person, by himself or through others, to sell, offer to sell, or attempt to sell the right to participate in a pyramid sales scheme.