New Representation Required for DoD Contracts

There are a number of statutory restrictions concerning post-Government employment for DoD officials after leaving Government employment. Mostly, these restrictions deal with improper business practices and personal conflicts of interest (see FAR 3.104, DFARS 203.104, and DFARS 203.171-3 for example).


DoD has just amended ifs FAR supplement to require companies submitting bids (including commercial items) to "represent" whether former DoD officials who are employees of the offeror are in compliance with these post-employment restrictions. The exact representation reads:

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 .....

This rule implements a recommendation from GAO and requires offerors to complete and provide as part of each proposal, including proposals for commercial items, this representation. DoD elected to employ a "representation" rather than a "certification". The representation will be required one time (for each proposal) rather than continuously throughout contract performance. The provision will not be included in the annual representations and certifications.