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.
252.203-7003 Agency Office of the Inspector General.
252.203-7004 Display of Hotline Posters.
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
252.203-7000 Requirements Relating to Compensation of
Former DoD Officials.
As prescribed in 203.171-4(a), use the following clause:
REQUIREMENTS RELATING TO COMPENSATION OF
FORMER DOD OFFICIALS (SEP 2011)
(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. 131 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. 2105(c).
(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 (JAN 2023)
(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. 4656 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. 4656, 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) Subcontracts. 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 products, commercial services, or commercial components.
(h) Pursuant to 10
U.S.C. 4656(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
(DEC 2022)
(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C. 4701, as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
(End of
clause)
252.203-7003 Agency Office of the Inspector General.
As prescribed in 203.1004(a), use the following clause:
AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)
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 Inspector General at the following address:
Department of Defense Office of Inspector General
Administrative Investigations
Contractor Disclosure Program
4800 Mark Center Drive, Suite 14L25
Alexandria, VA 22350-1500
Website: https://www.dodig.mil/Programs/Contractor-Disclosure-Program/.
(End of
clause)
252.203-7004 Display of Hotline Posters.
As prescribed in 203.1004(b)(2)(ii), use the following clause:
DISPLAY OF HOTLINE POSTERS (JAN 2023)
(a) Definition. As used in this clause—
“United States,” means the 50 States, the District of Columbia, and outlying areas.
(b) Display of hotline poster(s).
(1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts.
(ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings.
(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from—
(i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations – Hotline, 245 Murray Lane SW, Washington, DC 20528-0305; or
(ii) Via the internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg.
(c)(1) The DoD hotline poster may be obtained from: Defense Hotline, The Pentagon, Washington, D.C. 20301-1900, or is also available via the internet at
https://www.dodig.mil/Resources/Posters-and-Brochures/.
(2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.
(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the website.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Defense Federal Acquisition Regulation Supplement 203.1004(b)(2)(ii) on the date of subcontract award, except when the subcontract is for the acquisition of a commercial product or commercial service.
(End of
clause)
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
As prescribed in 203.171-4(b), insert the following provision:
REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022)
(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the Offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the Offeror, and who are expected to undertake activities on behalf of the Offeror for any resulting contract, are presently in compliance with all applicable post-employment restrictions, including those contained in 18 U.S.C. 207, 41 U.S.C. 2101-2107, 5 CFR part 2641, section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), and Federal Acquisition Regulation 3.104-2.
(End of provision)