DoD Issues Interim Rule Requiring Contractors to Ensure That Former DoD Procurement Officials Have Obtained a Pre-Hire Ethics Opinion
On January 15, 2009, the Department of Defense (“DoD”) issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement Section 847 of the National Defense Authorization Act for Fiscal Year 2008.[i] The interim rule, codified principally at DFARS 203.171 and implemented by a new mandatory contract clause at DFARS 252.203-7000, requires certain former DoD procurement officials to obtain – and requires DoD contractors to ensure that those former DoD procurement officials have obtained – an ethics opinion prior to their receipt of compensation from such contractors.[ii]
