Defense Federal Acquisition Regulation Supplement; Senior DoD Officials Seeking Employment With Defense Contractors (DFARS Case 2008-D007), 2408-2410 [E9-679]

Download as PDF 2408 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2008–D037. DEPARTMENT OF DEFENSE C. Paperwork Reduction Act RIN 0750–AG07 The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. Defense Federal Acquisition Regulation Supplement; Senior DoD Officials Seeking Employment With Defense Contractors (DFARS Case 2008–D007) List of Subjects in 48 CFR Part 203 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 203 is amended as follows: ■ PART 203—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 1. The authority citation for 48 CFR part 203 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 203.170 is amended by revising paragraph (a) to read as follows: ■ 203.170 Business practices. * * * * * (a) Senior leaders shall not perform multiple roles in source selection for a major weapon system or major service acquisition. Departments and agencies shall certify every 2 years that no senior leader has performed multiple roles in the acquisition of a major weapon system or major service. Completed certifications shall be forwarded to the Director, Defense Procurement, in accordance with the procedures at PGI 203.170. * * * * * [FR Doc. E9–666 Filed 1–14–09; 8:45 am] mstockstill on PROD1PC66 with RULES BILLING CODE 5001–08–P Defense Acquisition Regulations System 48 CFR Parts 203, 209, and 252 AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 847 of the National Defense Authorization Act for Fiscal Year 2008. Section 847 addresses requirements for senior DoD officials to obtain a post-employment ethics opinion before accepting a position from a DoD contractor within two years after leaving DoD service. DATES: Effective date: January 15, 2009. Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before March 16, 2009, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2008–D007, using any of the following methods: Æ Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Æ E-mail: dfars@osd.mil. Include DFARS Case 2008–D007 in the subject line of the message. Æ Fax: 703–602–7887. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Angie Sawyer, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Æ Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, 703–602–8484. SUPPLEMENTARY INFORMATION: A. Background This interim rule implements Section 847 of the National Defense VerDate Nov<24>2008 16:54 Jan 14, 2009 Jkt 217001 PO 00000 Frm 00116 Fmt 4700 Sfmt 4700 Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). Section 847 requires that a DoD official, who has participated personally and substantially in a DoD acquisition exceeding $10 million or who has held a key acquisition position, must obtain a written opinion from a DoD ethics counselor regarding the activities that the official may undertake on behalf of a DoD contractor within two years after leaving DoD service. In addition, Section 847 prohibits a DoD contractor from providing compensation to such a DoD official without first determining that the official has received or appropriately requested a post-employment ethics opinion. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the requirement to verify that a prospective employee has received or requested the appropriate DoD ethics opinion should involve minimal effort on the part of a contractor. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2008–D007. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). Section 847 requires that DoD officials that have participated personally and substantially in a DoD acquisition exceeding $10 million, or that have held certain key acquisition positions, must obtain a written opinion from the appropriate DoD ethics E:\FR\FM\15JAR1.SGM 15JAR1 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations counselor before accepting compensation from a DoD contractor within two years after leaving DoD service. In addition, Section 847 prohibits a DoD contractor from providing compensation to such a DoD official without first determining that the official has received or appropriately requested a post-employment ethics opinion. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Parts 203, 209, and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Parts 203, 209, and 252 are amended as follows: ■ 1. The authority citation for 48 CFR Parts 203, 209, and 252 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 203—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 203.171–4 2. Section 203.104–4 is added to read as follows: ■ 203.104–4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information. [Removed] 3. Section 203.104–5 is removed. 4. Sections 203.171 through 203.171– 4 are added to read as follows: ■ ■ 203.171 Senior DoD officials seeking employment with defense contractors. 203.171–1 Scope. This section implements Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181). 203.171–2 Definition. mstockstill on PROD1PC66 with RULES Covered DoD official as used in this section, is defined in the clause at 252.203–7000, Requirements Relating to Compensation of Former DoD Officials. 203.171–3 Policy. (a) A DoD official covered by the requirements of Section 847 of Public Law 110–181 (a ‘‘covered DoD official’’) who, within 2 years after leaving DoD VerDate Nov<24>2008 16:54 Jan 14, 2009 Jkt 217001 Contract clause. Use the clause at 252.203–7000, Requirements Relating to Compensation of Former DoD Officials, in all solicitations and contracts. PART 209—CONTRACTOR QUALIFICATIONS (d)(3) For purposes of FAR 3.104– 4(d)(3) only, DoD follows the notification procedures in FAR 27.404– 5(a). However, FAR 27.404–5(a)(1) does not apply to DoD. 203.104–5 service, expects to receive compensation from a DoD contractor, shall, prior to accepting such compensation, request a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to activities that the official may undertake on behalf of a contractor. (b) A DoD contractor may not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service unless the contractor first determines that the official has received, or has requested at least 30 days prior to receiving compensation from the contractor, the post-employment ethics opinion described in paragraph (a) of this section. (c) If a DoD contractor knowingly fails to comply with the requirements of the clause at 252.203–7000, administrative and contractual actions may be taken, including cancellation of a procurement, rescission of a contract, or initiation of suspension or debarment proceedings. 5. Section 209.406–2 is amended as follows: ■ a. By redesignating paragraph (a) as paragraph (1); and ■ b. By adding paragraph (2) to read as follows: ■ 209.406–2 Causes for debarment. * * * * * (2) Any contractor that knowingly provides compensation to a former DoD official in violation of Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181) may face suspension and debarment proceedings in accordance with 41 U.S.C. 423(e)(3)(A)(iii). PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 2409 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 2009) (a) Definition. Covered DoD official, as used in this clause, means an individual that— (1) Leaves or left DoD service on or after January 28, 2008; and (2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 403(16) with a value in excess of $10 million, and serves or served— (A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code; (B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or (C) In a general or flag officer position compensated at a rate of pay for grade O–7 or above under section 201 of Title 37, United States Code; or (ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million. (b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor. (c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 423(e)(3). (End of clause) 7. Section 252.212–7001 is amended as follows: ■ a. By revising the clause date to read ‘‘(JAN 2009)’’; ■ b. By redesignating paragraphs (b)(1) through (21) as paragraphs (b)(2) through (22) respectively; ■ c. By adding a new paragraph (b)(1); ■ d. In newly designated paragraph (b)(5) by removing ‘‘(JUN 2005)’’ and adding in its place ‘‘(JAN 2009)’’; and ■ e. In newly designated paragraph (b)(13)(i) by removing ‘‘(MAR 2007)’’ and adding in its place ‘‘(JAN 2009)’’. The new paragraph (b)(1) reads as follows: ■ 6. Section 252.203–7000 is added to read as follows: 252.203–7000 Requirements Relating to Compensation of Former DoD Officials. 252.212–7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. * ■ As prescribed in 203.171–4, use the following clause: PO 00000 Frm 00117 Fmt 4700 Sfmt 4700 * * * * (b) * * * (1) lll252.203–7000, Requirements Relating to Compensation E:\FR\FM\15JAR1.SGM 15JAR1 2410 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, 703–602–8484. SUPPLEMENTARY INFORMATION: of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110–181). * * * * * [FR Doc. E9–679 Filed 1–14–09; 8:45 am] BILLING CODE 5001–08–P A. Background DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 203 and 252 RIN 0750–AG09 Defense Federal Acquisition Regulation Supplement; Whistleblower Protections for Contractor Employees (DFARS Case 2008–D012) mstockstill on PROD1PC66 with RULES AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 846 of the National Defense Authorization Act for Fiscal Year 2008 and Section 842 of the National Defense Authorization Act for Fiscal Year 2009. These laws address protections for contractor employees who disclose information to Government officials with regard to waste or mismanagement, danger to public health or safety, or violation of law related to a DoD contract. DATES: Effective date: January 15, 2009. Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before March 16, 2009, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2008–D012, using any of the following methods: Æ Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Æ E-mail: dfars@osd.mil. Include DFARS Case 2008–D012 in the subject line of the message. Æ Fax: 703–602–7887. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Angie Sawyer, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Æ Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to http:// VerDate Nov<24>2008 16:54 Jan 14, 2009 Jkt 217001 10 U.S.C. 2409 and 41 U.S.C. 251 et seq. prohibit Government contractors from discharging, demoting, or otherwise discriminating against employees as a reprisal for disclosing to Government officials information relating to a substantial violation of law related to a contract. 10 U.S.C. 2409 and 41 U.S.C. 251 et seq. are implemented in Subpart 3.9 of the Federal Acquisition Regulation. Section 846 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181) and Section 842 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110–417) amended 10 U.S.C. 2409 to establish protections for DoD contractor employees that differ from those specified in 41 U.S.C. 251 et seq. and the Federal Acquisition Regulation. Therefore, this interim rule adds a new DFARS subpart to address DoD requirements related to whistleblower protections. The differences between the FAR and the new DFARS policy include: Expansion of the types of information to which the protections apply; expansion of the categories of Government officials to whom information may be disclosed without reprisal; establishment of time periods within which the Inspector General and the agency head must take action with regard to a complaint filed by a contractor employee; establishment of a de novo right of action in federal district court for contractor employees who have exhausted their administrative remedies under 10 U.S.C. 2409; and addition of a contract clause requiring contractors to inform employees in writing of their whistleblower rights and protections. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Although the rule contains a new requirement for contractors to inform employees in writing of their whistleblower rights and protections, compliance with this requirement is not expected to have a significant cost or administrative impact on contractors. PO 00000 Frm 00118 Fmt 4700 Sfmt 4700 Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2008–D012. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 846 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181) and Section 842 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110–417). These laws address whistleblower protections for DoD contractor employees and require DoD to ensure that DoD contractors inform their employees in writing of whistleblower rights and protections. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Parts 203 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 203 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR Parts 203 and 252 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 203—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 2. Subpart 203.9 is added to read as follows: ■ Subpart 203.9—Whistleblower Protections for Contractor Employees Sec. 203.900 Scope of subpart. 203.903 Policy. 203.904 Procedures for filing complaints. E:\FR\FM\15JAR1.SGM 15JAR1

Agencies

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2408-2410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-679]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 203, 209, and 252

RIN 0750-AG07


Defense Federal Acquisition Regulation Supplement; Senior DoD 
Officials Seeking Employment With Defense Contractors (DFARS Case 2008-
D007)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 847 of 
the National Defense Authorization Act for Fiscal Year 2008. Section 
847 addresses requirements for senior DoD officials to obtain a post-
employment ethics opinion before accepting a position from a DoD 
contractor within two years after leaving DoD service.

DATES: Effective date: January 15, 2009.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before March 16, 2009, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2008-D007, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2008-D007 in the 
subject line of the message.
    [cir] Fax: 703-602-7887.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Angie 
Sawyer, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, 703-602-8484.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements Section 847 of the National Defense 
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181). Section 847 
requires that a DoD official, who has participated personally and 
substantially in a DoD acquisition exceeding $10 million or who has 
held a key acquisition position, must obtain a written opinion from a 
DoD ethics counselor regarding the activities that the official may 
undertake on behalf of a DoD contractor within two years after leaving 
DoD service. In addition, Section 847 prohibits a DoD contractor from 
providing compensation to such a DoD official without first determining 
that the official has received or appropriately requested a post-
employment ethics opinion.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the 
requirement to verify that a prospective employee has received or 
requested the appropriate DoD ethics opinion should involve minimal 
effort on the part of a contractor. Therefore, DoD has not performed an 
initial regulatory flexibility analysis. DoD invites comments from 
small businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2008-D007.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 847 of the National Defense 
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181). Section 847 
requires that DoD officials that have participated personally and 
substantially in a DoD acquisition exceeding $10 million, or that have 
held certain key acquisition positions, must obtain a written opinion 
from the appropriate DoD ethics

[[Page 2409]]

counselor before accepting compensation from a DoD contractor within 
two years after leaving DoD service. In addition, Section 847 prohibits 
a DoD contractor from providing compensation to such a DoD official 
without first determining that the official has received or 
appropriately requested a post-employment ethics opinion. Comments 
received in response to this interim rule will be considered in the 
formation of the final rule.

List of Subjects in 48 CFR Parts 203, 209, and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.


0
Therefore, 48 CFR Parts 203, 209, and 252 are amended as follows:
0
1. The authority citation for 48 CFR Parts 203, 209, and 252 continues 
to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
2. Section 203.104-4 is added to read as follows:


203.104-4  Disclosure, protection, and marking of contractor bid or 
proposal information and source selection information.

    (d)(3) For purposes of FAR 3.104-4(d)(3) only, DoD follows the 
notification procedures in FAR 27.404-5(a). However, FAR 27.404-5(a)(1) 
does not apply to DoD.


203.104-5  [Removed]

0
3. Section 203.104-5 is removed.
0
4. Sections 203.171 through 203.171-4 are added to read as follows:


203.171  Senior DoD officials seeking employment with defense 
contractors.


203.171-1  Scope.

    This section implements Section 847 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181).


203.171-2  Definition.

    Covered DoD official as used in this section, is defined in the 
clause at 252.203-7000, Requirements Relating to Compensation of Former 
DoD Officials.


203.171-3  Policy.

    (a) A DoD official covered by the requirements of Section 847 of 
Public Law 110-181 (a ``covered DoD official'') who, within 2 years 
after leaving DoD service, expects to receive compensation from a DoD 
contractor, shall, prior to accepting such compensation, request a 
written opinion from the appropriate DoD ethics counselor regarding the 
applicability of post-employment restrictions to activities that the 
official may undertake on behalf of a contractor.
    (b) A DoD contractor may not knowingly provide compensation to a 
covered DoD official within 2 years after the official leaves DoD 
service unless the contractor first determines that the official has 
received, or has requested at least 30 days prior to receiving 
compensation from the contractor, the post-employment ethics opinion 
described in paragraph (a) of this section.
    (c) If a DoD contractor knowingly fails to comply with the 
requirements of the clause at 252.203-7000, administrative and 
contractual actions may be taken, including cancellation of a 
procurement, rescission of a contract, or initiation of suspension or 
debarment proceedings.


203.171-4  Contract clause.

    Use the clause at 252.203-7000, Requirements Relating to 
Compensation of Former DoD Officials, in all solicitations and 
contracts.

PART 209--CONTRACTOR QUALIFICATIONS

0
5. Section 209.406-2 is amended as follows:
0
a. By redesignating paragraph (a) as paragraph (1); and
0
b. By adding paragraph (2) to read as follows:


209.406-2  Causes for debarment.

* * * * *
    (2) Any contractor that knowingly provides compensation to a former 
DoD official in violation of Section 847 of the National Defense 
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) may face 
suspension and debarment proceedings in accordance with 41 U.S.C. 
423(e)(3)(A)(iii).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
6. Section 252.203-7000 is added to read as follows:


252.203-7000  Requirements Relating to Compensation of Former DoD 
Officials.

    As prescribed in 203.171-4, use the following clause:
REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 
2009)
    (a) Definition. Covered DoD official, as used in this clause, 
means an individual that--
    (1) Leaves or left DoD service on or after January 28, 2008; and
    (2)(i) Participated personally and substantially in an 
acquisition as defined in 41 U.S.C. 403(16) with a value in excess 
of $10 million, and serves or served--
    (A) In an Executive Schedule position under subchapter II of 
chapter 53 of Title 5, United States Code;
    (B) In a position in the Senior Executive Service under 
subchapter VIII of chapter 53 of Title 5, United States Code; or
    (C) In a general or flag officer position compensated at a rate 
of pay for grade O-7 or above under section 201 of Title 37, United 
States Code; or
    (ii) Serves or served in DoD in one of the following positions: 
Program manager, deputy program manager, procuring contracting 
officer, administrative contracting officer, source selection 
authority, member of the source selection evaluation board, or chief 
of a financial or technical evaluation team for a contract in an 
amount in excess of $10 million.
    (b) The Contractor shall not knowingly provide compensation to a 
covered DoD official within 2 years after the official leaves DoD 
service, without first determining that the official has sought and 
received, or has not received after 30 days of seeking, a written 
opinion from the appropriate DoD ethics counselor regarding the 
applicability of post-employment restrictions to the activities that 
the official is expected to undertake on behalf of the Contractor.
    (c) Failure by the Contractor to comply with paragraph (b) of 
this clause may subject the Contractor to rescission of this 
contract, suspension, or debarment in accordance with 41 U.S.C. 
423(e)(3).

    (End of clause)

0
7. Section 252.212-7001 is amended as follows:
0
a. By revising the clause date to read ``(JAN 2009)'';
0
b. By redesignating paragraphs (b)(1) through (21) as paragraphs (b)(2) 
through (22) respectively;
0
c. By adding a new paragraph (b)(1);
0
d. In newly designated paragraph (b)(5) by removing ``(JUN 2005)'' and 
adding in its place ``(JAN 2009)''; and
0
e. In newly designated paragraph (b)(13)(i) by removing ``(MAR 2007)'' 
and adding in its place ``(JAN 2009)''. The new paragraph (b)(1) reads 
as follows:


252.212-7001  Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to Defense Acquisitions of 
Commercial Items.

* * * * *
    (b) * * *
    (1) ------252.203-7000, Requirements Relating to Compensation

[[Page 2410]]

of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).
* * * * *

[FR Doc. E9-679 Filed 1-14-09; 8:45 am]
BILLING CODE 5001-08-P