---
kind: "section"
citation: "42 C.F.R. § 421.312"
title: "42"
number: "421.312"
heading: "Conflict of interest resolution."
url: "https://uscodex.org/cfr/42/421.312"
---

# §421.312. Conflict of interest resolution.

- (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](/cfr/48/subpart9.503.md)) 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.

## Notes

### Source

Source: 72 FR 48886, Aug. 24, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 45 FR 42179, June 23, 1980, unless otherwise noted.