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