Organizational Conflicts of Interest

Appropriately managing OCI requirements is central to Los Alamos National Laboratory’s operations. Federal Acquisition Regulation (FAR) Section 9.5 contemplates three situations in which conflicts may arise:

• A “bias” situation in which a contractor has the opportunity to draft specifications or a statement of work for a later procurement, thus creating the possibility that it could skew the competition in its favor.
• An “impaired objectivity” situation in which a contractor has some relationship or interest, such as a share of the proceeds on the sale of a product or an equity or ownership interest, or where the contractor may be called upon to review its own work or the work of a closely related entity.
• An “unequal access to information” situation in which the contractor may gain a competitive edge because of its access to information that is not available to other competitors.

Summary of Policy

P723, Conflicts of Interest, provides guidance for employees regarding OCIs.  When assessing whether a specific situation creates an OCI, common sense, good judgment, and sound discretion are required in both the decision about whether a significant potential conflict exists and, if it does, whether an appropriate means for avoiding it can be developed.  Employees should contact the Office of General Counsel or EA-Ethics for assistance with OCI questions.

Do the Right Thing

• Disclose and resolve any existing situations that potentially create an OCI.
• Notify the applicable Acquisition Services Management (ASM) Division procurement specialist of any OCI concern related to a proposed or existing purchase requisition.

Additional Resources: 

• P723, P723, Conflicts of Interest
• EA-Ethics Conflict of Interest website
• EA–Ethics 667-7506 or coi@lanl.gov
• General Counsel - 667-3376