252.203-7000 Requirements Relating to Compensation of
Former DoD Officials.
252.203-7001 Prohibition on Persons Convicted of Fraud or
Other Defense-Contract-Related Felonies.
252.203-7002 Requirement to Inform Employees of
Whistleblower Rights.
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)
252.203-7001 Prohibition on Persons Convicted of Fraud or
Other Defense-Contract-Related Felonies.
As prescribed in 203.570-3, use the following clause:
PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)
(a) Definitions. As used in this clause—
(1) “Arising out of a contract with the DoD” means any act in connection with—
(i) Attempting to obtain;
(ii) Obtaining; or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense (DoD).
(2) “Conviction of fraud or any other felony” means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed.
(3) “Date of conviction” means the date judgment was entered against the individual.
(b) Any individual who
is convicted after
(1) In a management or supervisory capacity on this contract;
(2) On the board of directors of the Contractor;
(3) As a consultant, agent, or representative for the Contractor; or
(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with regard to this contract.
(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of conviction.
(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if convicted of knowingly—
(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or
(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.
(e) In addition to the
criminal penalties contained in 10 U.S.C. 2408, the Government may consider
other available remedies, such as—
(1) Suspension
or debarment;
(2) Cancellation
of the contract at no cost to the Government; or
(3) Termination
of the contract for default.
(f) The Contractor may
submit written requests for waiver of the prohibition in paragraph (b) of this
clause to the Contracting Officer.
Requests shall clearly identify—
(1) The person
involved;
(2) The nature
of the conviction and resultant sentence or punishment imposed;
(3) The reasons
for the requested waiver; and
(4) An
explanation of why a waiver is in the interest of national security.
(g) The Contractor
agrees to include the substance of this clause, appropriately modified to
reflect the identity and relationship of the parties, in all first-tier
subcontracts exceeding the simplified acquisition threshold in Part 2 of the
Federal Acquisition Regulation, except those for commercial items or
components.
(h) Pursuant to 10
U.S.C. 2408(c), defense contractors and subcontractors may obtain information
as to whether a particular person has been convicted of fraud or any other
felony arising out of a contract with the DoD by contacting The Office of
Justice Programs, The Denial of Federal Benefits Office, U.S. Department of
Justice, telephone 301-937-1542;
www.ojp.usdoj.gov/BJA/grant/DPFC.html.
(End of clause)
252.203-7002 Requirement to Inform Employees of
Whistleblower Rights.
As
prescribed in 203.970, use the following clause:
REQUIREMENT
TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(JAN 2009)
The Contractor shall inform its employees
in writing of employee whistleblower rights and protections under 10 U.S.C.
2409, as described in Subpart 203.9 of the Defense Federal Acquisition
Regulation Supplement.
(End of
clause)