[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Page 68046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27795]

Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / 

[[Page 68046]]





[Notice 2011; Docket No. 2011-0091; Sequence 1]

Review of Regulatory Coverage Regarding Prevention of Personal 
Conflicts of Interest for Contractor Employees (FAR PCI COMMENT)

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Request for information.


SUMMARY: DoD, GSA, and NASA in consultation with the Office of Federal 
Procurement Policy (OFPP) and the Office of Government Ethics (OGE), 
are seeking public comment on the question of whether additional 
guidance is necessary to address personal conflicts of interest by 
employees of Government contractors.

DATES: Interested parties should submit comments in writing to the 
Regulatory Secretariat at the address shown below on or before January 
3, 2012.

ADDRESSES: Submit comments identified by ``FAR PCI COMMENT'' by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FAR PCI 
COMMENT'' under the heading ``Comment or Submission.'' Select the link 
``Send a Comment or Submission'' that corresponds with FAR PCI COMMENT. 
Follow the instructions provided to complete the ``Public Comment and 
Submission Form.'' Please include your name, company name (if any), and 
``FAR PCI COMMENT'' on your attached document.
     Fax: (202) 501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Hada Flowers, 1275 First Street, 
NE., Washington, DC 20417.
    Instructions: Please submit comments only and cite ``FAR PCI 
COMMENT'' in all correspondence related to this case. All comments 
received will be posted, without change, to http://www.regulations.gov, 
including any personal and/or business confidential information 

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Robinson, Procurement 
Analyst, at (202) 501-2658, for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat division at (202) 501-4755. Please cite FAR PCI 

SUPPLEMENTARY INFORMATION: DoD, GSA, and NASA, in close consultation 
with OFPP and OGE, have issued a final rule to address personal 
conflicts of interest by contractor employees performing acquisition 
functions closely associated with inherently governmental functions 
for, or on behalf of, a Federal agency or department. See FAR Case 
2008-025, Preventing Personal Conflicts of Interest by Contractor 
Employees Performing Acquisition Functions, published concurrently with 
this notice. The rule implements provisions in section 841(a) of the 
Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year 
2009 (Pub. L. 110-417).
    Section 841(b) further requires that OFPP conduct a review of the 
Federal Acquisition Regulation to determine whether coverage of 
personal conflicts of interest should be expanded beyond contractors 
whose work supports acquisition functions closely associated with 
inherently governmental functions. DoD, GSA, and NASA, in consultation 
with OFPP and OGE, are working together to implement this requirement. 
As part of their review, they seek public comment on the issue of 
expanded coverage, taking into account the coverage provided by FAR 
Case 2008-025, and especially welcome public comment in response to the 
following questions:
    (1) Are there contracting methods, types, and services (other than 
those covered by FAR Case 2008-025) that raise heightened concerns for 
potential personal conflicts of interest?
    (2) Should regulatory coverage be expanded to address personal 
conflicts of interest by contractor employees with respect to functions 
other than those covered by FAR Case 2008-025? If so, what additional 
functions should be considered to ensure policies for the prevention 
and mitigation of personal conflicts of interest are sufficiently 
rigorous, comprehensive, and uniform?
    Responses to this notice will be taken into consideration by DoD, 
GSA, and NASA, in consultation with OFPP and OGE, as they evaluate the 
need for additional guidance on personal conflicts of interest.

    Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2011-27795 Filed 11-1-11; 8:45 a.m.]