Change Notice

[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]

[Rules and Regulations]

[Pages 68017-68026]

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

[FR Doc No: 2011-27780]

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DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 3, 12, and 52

[FAC 2005-54; FAR Case 2008-025; Item II; Docket 2009-0039, Sequence 1]

RIN 9000-AL46

Federal Acquisition Regulation; Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions

AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to address personal conflicts of interest by employees of Government contractors as required by statute.

DATES: Effective Date: December 2, 2011.

Applicability Date: Except for contracts, including task or delivery orders, for the acquisition of commercial items, this rule applies to--

Contracts issued on or after the effective date of this rule; and

Task or delivery orders awarded on or after the effective date of the rule, regardless of whether the contracts, pursuant to which such task or delivery orders are awarded, were awarded before, on, or after the effective date of this rule.

Contracting officers shall modify, on a bilateral basis, in accordance with FAR 1.108(d)(3), existing task- or delivery-order contracts to include the FAR clause for future orders. In the event that a contractor refuses to accept such a modification, the contractor will not be eligible to receive further orders under such contract.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Robinson, Procurement Analyst, at (202) 501-2658, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-54, FAR Case 2008-025.

SUPPLEMENTARY INFORMATION:

Table of Contents

I.  Background

II.  Discussion and Analysis of the Public Comments

A.  General

B.  Definitions

C.  Applicability

D.  Contractor Procedures

E.  Mitigation or Waiver

F.  Violations/Remedies

G.  Clause Flowdown

H.  Cost and Administrative Burden

I.  Miscellaneous Comments

III.  Executive Orders 12866 and 13563

IV. Regulatory Flexibility Act

V. Paperwork Reduction Act