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Rule Adds Representation for Offeror's Former DoD Officials


The Department of Defense has issued a final rule (DFARS Case 2010-D020) amending the Defense Federal Acquisition Regulation Supplement to require offerors to represent whether former DoD officials who are employees of the offeror comply with post-employment restrictions (see 70,020.300 for the proposed rule). The final rule implements a recommendation by the Government Accountability Office to require DoD to request potential offerors to certify that former DoD officials employed by the offeror comply with post-employment restrictions when contracts are being awarded, and that contracting officers consider continuing certifications throughout contract performance. Accordingly, this rule adds a new solicitation provision at DFARS 252.203-7005, which provides a representation for offerors to complete and provide as part of each proposal, including proposals for commercial items. DoD elected to employ a representation rather than a certification and have the representation submitted by offerors as part of the proposal process. The representation is required only one time and not continuously throughout contract performance. The rule makes a corresponding change to the prescription at DFARS 203.171-4. The text of the final rule, effective November 18, 2011, appears at 70,016.686.




































































































































 






 

 

(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )

     
  
 

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