Build an index of the procurement-integrity and conflict file
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Index the papers in the file the contracting officer supplies, including any employment-contact report and any contractor conflict statement, with the date and the author. Do not decide that a conflict exists or that information was disclosed unlawfully.
- What the lawyer must review
- FAR 3.104-3(a) provides that a present or former official of the United States, or a person acting for or advising the United States on a federal agency procurement, who has or had access to contractor bid or proposal information or source selection information, must not, other than as provided by law, knowingly disclose that information before award of the federal agency procurement contract to which it relates. Paragraph (b) provides that a person must not knowingly obtain that information before award, other than as provided by law. FAR 9.505 states two underlying principles for organizational conflicts of interest: preventing conflicting roles that might bias a contractor's judgment, and preventing unfair competitive advantage. An unfair competitive advantage includes a contractor competing for a federal contract who possesses proprietary information obtained from a Government official without proper authorization, or source selection information relevant to the contract that is not available to all competitors and would assist that contractor in obtaining the contract. The section also states that conflicts may arise in situations it does not expressly cover, and that each situation is examined on its own facts. The contracting officer makes that examination. The index does not apply FAR 9.505-1 through 9.505-4, which were not the text used here.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Check the firm’s actual conflict records, including relevant parties and connected entities, and resolve any match through the firm’s process.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.