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New Department of Defense rule requires companies competing for DOD contracts to represent that former DOD officials are in compliance with post-employment restrictions

29 November 2011

Government Contracts Alert

On 18 November 2011, the Department of Defense (DOD) issued a final rule requiring that all companies competing for DOD contracts represent that certain former DOD employees, including senior officials and acquisition personnel, are in compliance with applicable post-government employment restrictions. Specifically, the new representation, which can now be found in DOD Federal Acquisition Regulation Supplement (DFARS) 252.203-7005, states as follows:



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 post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104.2.

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