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Organizational Conflict of Interest (OCI)

The University must adhere to OCI regulations, such as Federal Acquisition Regulation (FAR) Subpart 9.5 and Uniform Guidance 200.318c(2) as a condition for funding from certain U.S. government agencies.  

Federal Sponsor Requirements 

Some federal sponsors such as the Department of Defense and ARPA-H require disclosure of OCI at the time of proposal submission.

FAR 9.5 prohibits those who consult for a government agency from applying for the same funding opportunities to which they provided input. Some RFPs cite 2 CFR 200.318(c) for similar reasons. These regulations ensure that the awardee’s objectivity is not biased because of present or planned interests which relate to the work and that the awardee does not obtain unfair competitive advantage (discussed below) in the proposal review and award process.

In accordance with these regulations proposers are required to identify and disclose all facts relevant to potential OCIs involving the proposer’s organization and any proposed team member.

unfair competitive advantage

Unequal access to information: The potential for an investigator to utilize or provide to others proprietary, confidential, or sensitive information that is not generally available to others seeking federal funding.

Impaired objectivity: The potential for an investigator to be impartial, for example when, in their service to the agency/sponsor, they are in a position to assess their own performance, evaluate their own products, or do so for another member of the University.

Biased ground rules: Situations where an investigator has provided key specifications, technical assistance, or written work requirements for a funding opportunity where someone in the same institution is an applicant. 

How to Deal with OCI 

Avoid: Prevent the occurrence of an actual or potential OCI through actions such as excluding sources or eliminating a segment of work from task to eliminate the potential for an OCI.

Neutralize: Negate potential or actual OCI related to (1) contractor objectivity during contract performance or (2) an unfair competitive advantage. 

Mitigate: Reduce or alleviate the impact of unavoidable OCIs to an acceptable level of risk so that the Government’s interests to fair competition and/or contract performance are not prejudiced.

EXamples of Organizational OCI

  • A faculty member in the College of Engineering provides DARPA with technical direction for the development of a Broad Agency Announcement (BAA).
  • A faculty member at the university develops a detailed model plan for the scientific and technical training of staff at the Air Force Research Laboratory. The Laboratory adopts the curriculum and incorporates it into a request for proposal to conduct the training.
  • A university researcher collaborates on a project for Homeland Security and has access to confidential government information.