- (a) Review Board. CMS may establish and convene a Conflicts of Interest Review Board to assist the contracting officer in resolving organizational conflicts of interest.
(b) Resolution—(1) Pre-award conflicts. Resolution of an organizational conflict of interest is a determination by the contracting officer that one of the following has occurred:
- (i) The conflict is mitigated.
- (ii) The conflict precludes award of a contract to the offeror.
- (iii) It is in the best interest of the government to award a contract to the offeror (in accordance with 48 CFR subpart 9.503) even though a conflict of interest exists.
(2) Post-award conflicts. Resolution of an organizational conflict of interest is a determination by the contracting officer that one of the following has occurred:
- (i) The conflict is mitigated.
- (ii) The conflict requires that CMS modify an existing contract.
- (iii) The conflict requires that CMS terminate or not renew an existing contract.
- (iv) It is in the best interest of the government to continue the contract even though a conflict of interest exists.