ARTICLE · 23 DECEMBER 2009

Government Contracts Alert - Fall 2009

Fried Frank Harris Shriver & Jacobson

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The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) recently proposed to amend the Federal Acquisition Regulation (FAR) to address personal conflicts of interest with respect to Government contractor employees who perform acquisition functions. 74 Fed. Reg. 58584 (Nov. 13, 2009).

United StatesGovernment, Public Sector

James McCullough

Steven Alerding

Michael Anstett

Joel Feidelman

William Speros

William Taft

RECENT DEVELOPMENTS

Personal Conflicts of Interest: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) recently proposed to amend the Federal Acquisition Regulation (FAR) to address personal conflicts of interest with respect to Government contractor employees who perform acquisition functions. 74 Fed. Reg. 58584 (Nov. 13, 2009). The proposed rule implements Section 841(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, Pub. L. 110-417 (2009 NDAA). Specifically, the proposed rule amends FAR Part 3 to require all contracting officers (COs) to insert the new standard contract clause at FAR § 52.203-16, Preventing Personal Conflicts of Interest, into all contracts in which contractor employees perform acquisition tasks closely associated with inherently governmental functions, such as supporting or providing advice with regard to acquisition planning, development of statements of work,

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