DoD Seal DoD 50 Year Seal

OFFICE OF THE SECRETARY OF DEFENSE

1000 DEFENSE PENTAGON
WASHINGTON, DC 20301-1000
January 17, 1997

 
ACQUISITION AND
 TECHNOLOGY

DP(DAR)

                                                          In reply refer to
                                                          DFARS Case: 96-D310
                                                          D. L. 97-003



MEMORANDUM FOR	DIRECTORS OF DEFENSE AGENCIES
                    DEPUTY FOR ACQUISITION AND BUSINESS MANAGEMENT,
                      ASN(RD&A)/ABM
                    DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
                      (CONTRACTING), SAF/AQC
                    DIRECTOR, PROCUREMENT POLICY, ASA(RD&A)/SARD-PP
                    DEPUTY DIRECTOR (ACQUISITION), DEFENSE LOGISTICS
                      AGENCY



SUBJECT:    Procurement Integrity - DFARS


     We have amended the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement Section 4304 of the Fiscal Year 1996
National Defense Authorization Act (Pub. L. 104-106).  Section 4304
amends the procurement integrity provisions at Section 27 of the
Office of Federal Procurement Policy Act (41 U.S.C. 423) and repeals
10 U.S.C. 2397-2397c which addressed post-Federal employment of
certain former Department of Defense employees.


     The attached final DFARS rule is effective immediately and will
be included in a future Defense Acquisition Circular.









                                                    /s/

                                             Eleanor R. Spector
                                             Director, Defense Procurement

DFARS CASE 96-D310, Procurement Integrity
Final Rule


PART 203 -- IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

SUBPART 203.1 -- SAFEGUARDS

* * *

203.104 Procurement integrity.

203.104-5 Disclosure of proprietary and source selection information.

([d]) (4) For purposes of FAR 3.104-5([d] )(4) only, DoD follows the notification procedures in FAR 27.404(h). However, the first sentence in FAR 27.404(h) does not apply to DoD.

* * * * *

PART 215 -- CONTRACTING BY NEGOTIATION

* * * * *

SUBPART 215.6 -- SOURCE SELECTION

* * * * *

215.608 Proposal evaluation.

(a) * * *
(b) Except for determinations based on violations or possible violations of Section 27 of the Office of Federal Procurement Policy (OFPP) Act, and unless otherwise specified in department/agency regulations, the contracting officer shall make the written determination. Determinations based on violations or possible violations of Section 27 of the OFPP Act shall be made [as] specified in FAR 3.104.

* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

SUBPART 252.2--TEXTS OF PROVISIONS AND CLAUSES

* * * * *

252.203-7000 [Reserved]