Attachment 10: QIC COI clause

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.2 CONFLICT OF INTEREST (JUN 2026)

1. General: The contractor and the services provided under this contract shall be free, to the greatest extent possible, of all Organizational and Personal Conflicts of Interest. Consistent with these terms and conditions, all references to Organizational and/or Personal Conflicts of Interests will be referred to individually or collectively, as Conflicts of Interest (COI). Except as defined by these terms and conditions and in accordance with FAR 9.503, the Contracting Officer shall not maintain a contract with a contractor the Contracting Officer (CO) determines has, or has the potential for, an unresolved COI.

2. Definitions:

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Actual COI–The COI is either currently in existence as determined by the contractor or CMS. This form of COI will require avoidance, neutralization or mitigation acceptable to CMS.

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Affiliates–Associated business concerns or individual(s) if, directly or indirectly, either one controls or can control the other; or a third party controls or can control both.

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Apparent (Perceived) COI–The COI on first observation appears to be an actual or potential COI, but may or may not be after analysis.

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Avoidance–To prevent the occurrence of a COI through actions such as exclusion of sources or modification of requirements. Avoidance precludes the conflict.

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Contractor–The term contractor is used synonymously with offeror.

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Financial Relationships–A direct or indirect ownership or investment interest (including a stock option or non-vested interest) in any entity that exists through equity, debt, or other means and includes any indirect ownership or investment interest no matter how many levels removed from a direct interest.

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Mitigation–To reduce the effects of a COI to an acceptable level of risk so that the Government’s interest with regard to fair competition and/or contract performance are not impaired. The conflict remains but action was taken that minimizes the impact of the conflict to an acceptable level of risk.

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Mitigation Plan–The contractor’s written approach to mitigating a COI as documented in J.x Section C.4.

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Neutralization–To counteract, through a specific action, the effects of potential or actual COI. The conflict remains, but the impact of the conflict has been negated.

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Organizational Conflict of Interest–Occurs when other activities or relationships with other persons, a person is unable or potentially unable to render impartial

assistance or advice to the Government, or the person’s objectivity in performing