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DOD/DARC RIN: 0750-AG63 Publication ID: Spring 2011 
Title: Organizational Conflicts of Interest in Major Defense Acquisition Programs (DFARS Case 2009-D015)  
Abstract: This rule implemented Defense Federal Acquisition Regulation Supplement (DFARS) section 207 of the Weapons System Acquisition Reform Act of 2009 (WSARA) (Pub. L. 111-23). Section 207 requires DoD to revise the DFARS to provide uniform guidance and tighten existing requirements for organizational conflicts of interest (OCIs) by contractors in major defense acquisitions. The implementing rule addressed situations required by the statute and provided for such limited exceptions as are necessary to ensure that DoD has continued access to advice on systems architecture and systems engineering matters from highly qualified contractors, while also ensuring that such advice comes from sources that are objective and unbiased.. As directed by the statute, DoD considered the recommendation presented by the Panel on Contracting Integrity and further considered any findings and recommendations of the Administrator of the Office of Federal Procurement Policy (OFPP) and the Director of the Office of Government Ethics (OGE), pursuant to section 841(b) of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009 (Pub. L. 110-417). A FAR proposed rule on OCIs has not yet been published, Accordingly, DoD has limited this rule to implementation of OCIs in major DoD acquisitions. Because the requirements implemented in this rule do not differ substantially from the burden currently imposed on offerors and contractors by the FAR, the economic impact of this rule is minimal. 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR ch 1     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Weapon System Reform Act of 2009 (WSARA)    41 USC 421   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/22/2010  75 FR 20954   
NPRM Comment Period Extended  06/15/2010  75 FR 33752   
NPRM Comment Period End  07/21/2010    
Final Action  12/29/2010  75 FR 81908   
Final Action Effective  12/29/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ynette Shelkin
Department of Defense
Defense Acquisition Regulations Council
3060 Defense Pentagon,
Washington, DC 20301
Phone:571 372-6089
Email: ynette.shelkin@osd.mil