Rules and Regulations. Request for information

Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Action: Request for information
Citation: 76 FR (No. 212) · FR Doc. 2011-27795 · Notice 2011; Docket No. 2011-0091; Sequence 1

Summary

DoD, GSA, and NASA in consultation with the Office of Federal Procurement Policy (OFPP) and the Office of Government Ethics (OGE), are seeking public comment on the question of whether additional guidance is necessary to address personal conflicts of interest by employees of Government contractors.

Dates

Interested parties should submit comments in writing to the Regulatory Secretariat at the address shown below on or before January 3, 2012.

Supplementary Information

DoD, GSA, and NASA, in close consultation with OFPP and OGE, have issued a final rule to address personal conflicts of interest by contractor employees performing acquisition functions closely associated with inherently governmental functions for, or on behalf of, a Federal agency or department. See FAR Case 2008-025, Preventing Personal Conflicts of Interest by Contractor Employees Performing Acquisition Functions, published concurrently with this notice. The rule implements provisions in section 841(a) of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year 2009 (Pub. L. 110-417). Section 841(b) further requires that OFPP conduct a review of the Federal Acquisition Regulation to determine whether coverage of personal conflicts of interest should be expanded beyond contractors whose work supports acquisition functions closely associated with inherently governmental functions. DoD, GSA, and NASA, in consultation with OFPP and OGE, are working together to implement this requirement. As part of their review, they seek public comment on the issue of expanded coverage, taking into account the coverage provided by FAR Case 2008-025, and especially welcome public comment in response to the following questions: (1) Are there contracting methods, types, and services (other than those covered by FAR Case 2008-025) that raise heightened concerns for potential personal conflicts of interest? (2) Should regulatory coverage be expanded to address personal conflicts of interest by contractor employees with respect to functions other than those covered by FAR Case 2008-025? If so, what additional functions should be considered to ensure policies for the prevention and mitigation of personal conflicts of interest are sufficiently rigorous, comprehensive, and uniform? Responses to this notice will be taken into consideration by DoD, GSA, and NASA, in consultation with OFPP and OGE, as they evaluate the need for additional guidance on personal conflicts of interest. Dated: October 21, 2011. Laura Auletta, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2011-27795 Filed 11-1-11; 8:45 a.m.]