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(Revised March 28, 2014)

PGI 203.5--other improper business practices
(See DFARS 203.5, DFARS/PGI view)

PGI 203.570  Prohibition on persons convicted of fraud or other defense-contract-related felonies.

            The complete text of 10 U.S.C. 2408, Prohibition on Persons Convicted of Defense-Contract Related Felonies and Related Criminal Penalty on Defense Contractors, is available at http://uscode.house.gov/ (Select "Search the U.S. Code"; then type "10 USC Sec. 2408" (including the quotation marks) in the search engine window and click on the search button).

      (a)(1)  The contracting officer shall-

                    (i)  Review any request for waiver; and

                    (ii)  Deny the request if the contracting officer decides the waiver is not required in the interests of national security; or

                    (iii)  Forward the request to the head of the agency or designee for approval if the contracting officer decides the waiver may be in the interest of national security.

              (2)  The head of the agency or designee shall report all waivers granted, and the reasons for granting the waiver, to the Under Secretary of Defense (Acquisition, Technology, and Logistics), who will forward the report to Congress as required by 10 U.S.C. 2408(a)(3).

              (3)  Guidance on using the Exclusions section of the System for Award Management is available at PGI 209.105-1 (DFARS/PGI view).

      (b)  Submit a copy of the determination to Bureau of Justice Assistance, U.S. Department of Justice, 810 Seventh Street, NW, Washington, DC 20531.