Public comments may affect proposed OCI regulations

  • Published
  • By By Capt. Brian Fischenich
  • Electronic Systems Center Legal Office
HANSCOM AIR FORCE BASE, Mass. --  As they develop regulations, federal agencies often solicit the public's input by publishing proposed regulations for public comment. Often, these comments result in changes to regulations. The Department of Defense (DoD) is now soliciting comments on its newly proposed organizational conflict of interest (OCI) regulations for the Defense Supplement to the Federal Acquisition Regulation (DFARS). The proposed regulations were published in the Federal Register on April 22, and are open for comment through June 21, 2010.

Section 207 of the 2009 Weapons System Acquisition Reform Act requires the DoD, "to revise the [DFARS] to provide guidance and tighten existing requirements concerning organizational conflicts of interest." To comply, the DoD proposes to amend four parts of the DFARS:

· Part 202 will add a definition of "organizational conflict of interest"
· Part 203 will prescribe "the general rules and procedures for identifying, evaluating, and resolving organizational conflicts of interest"
· Part 212 will provide exceptions to the applicability of OCI regulations to acquisition of commercial items
· Part 252 will establish OCI solicitation provisions and contract clauses

The proposed changes can be reviewed at www.regulations.gov by searching for "organizational conflict of interest," clicking on "Open Docket Folder," and downloading the file.

Comments can be submitted online by clicking "Submit a Comment." These comments will also appear on the website.

Comments may also be submitted by e-mail to dfars@osd.mil and should reference DFARS Case 2009-D015 in the subject line. Comments may also be faxed to (703) 602-0350, or mailed to Defense Acquisition Regulations System, Attention: Ms. Amy Williams, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, Room 3B855, Washington, D.C. 20301-3060.

Federal employees submitting comments must do so in a personal capacity, not in their professional capacity on behalf of the government.

The process outlined above may be used for any proposed federal regulation posted for comment.