[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Rules and Regulations]               
[Page 59101-59102]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se10-21]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 203 and 252

 
Defense Federal Acquisition Regulation Supplement; DoD Office of 
the Inspector General Address (DFARS Case 2010-D015)

AGENCY: Defense Acquisition Regulations System; Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide the address for 
the agency Office of the Inspector General as referenced in FAR clause 
52.203-13, Contractor Code of Business Ethics and Conduct.

DATES: Effective Date: September 27, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060. Telephone 703-602-0328; facsimile 
703-602-0350. Please cite DFARS Case 2010-D015.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Acquisition Regulation (FAR) Case 2007-006, 
``Contractor Business Ethics Compliance Program and Disclosure 
Requirements,'' was published as a final rule in the Federal Register 
on November 12, 2008, with an effective date of December 12, 2008. The 
contract clause entitled ``Contractor Code of Business Ethics and 
Conduct'' requires the contractor to disclose to the agency office of 
the Inspector General (with a copy to the contracting officer), when 
the contractor has credible evidence that a principal, employee, agent, 
or subcontractor of the contractor has committed a violation of 
criminal law involving fraud, conflict of interest, bribery, or 
gratuity violations found in title 18 U.S.C. or a violation of the 
civil False Claims Act. This final rule provides the address for the 
DoD Office of the Inspector General.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This is not a 
major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant DFARS revision within the 
meaning of 41 U.S.C. 418b and FAR 1.501, and publication for public 
comment is not required. However, DoD will consider comments from small 
entities concerning the affected DFARS parts in accordance with 5 
U.S.C. 610. Interested parties must submit such comments separately and 
should cite 5 U.S.C. 601, et seq., in correspondence.

C. Paperwork Reduction Act

    This rule does not impose any new information collection 
requirements that require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 203 and 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.


0
Therefore, 48 CFR parts 203 and 252 are amended as follows:
0
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

0
2. Section 203.1004 is amended by adding paragraph (a) to read as 
follows:


203.1004   Contract clauses.

    (a) Use the clause at 252.203-7003 in solicitations and contracts 
that include the FAR clause 52.203-13, Contractor Code of Business 
Ethics and Conduct.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Section 252.203-7003 is added to read as follows:


252.203-7003  Agency Office of the Inspector General.

    As prescribed in 203.1004(a), use the following clause:

[[Page 59102]]

AGENCY OFFICE OF THE INSPECTOR GENERAL (SEP 2010)

    The agency office of the Inspector General referenced in 
paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of 
Business Ethics and Conduct, is the DoD Office of the Inspector 
General at the following address:

DoD Office of the Inspector General, Investigative Policy and 
Oversight, 400 Army Navy Drive, Suite 1037, Arlington, VA 22202-
4704, Toll Free Telephone: 866-429-8011.


(End of clause)

[FR Doc. 2010-23653 Filed 9-24-10; 8:45 am]
BILLING CODE 5001-08-P