Feed
house of delegates resolutions
110A
ADOPTED AS REVISED

Urges the FAR Council to Promulgate Model Contract Language

RESOLUTION

RESOLVED, That the _ urges supports the action by the Federal Acquisition Regulatory Council (FAR Council) toin promulgateing, for use in contracts posing a high risk of either in response to the FY2009 National Defense Authorization Act, the 2011 rule on preventing personal conflicts of interest or misuse of certain non-public information, for contractor employees performing acquisition functions, which includes model contract language that focuses on the activities likely to give rise to such conflicts in such contracts, as well as the most significant ethical risks that arise in government contracts as well as the activities most likely to implicate those risks such conflicts present;

FURTHER RESOLVED, That the _ encourages the FAR Council, consistent with the FY2013 National Defense Authorization Act, to consider extending such model personal conflict of interest contract language to contracts in which employees perform other high risk functions closely associated with inherently governmental functions;

FURTHER RESOLVED, That the _ encourages the Administrator for Federal Procurement Policy to consider requiring contractors subject to such model contract language to certify that they have taken appropriate steps to comply with its requirements;

FURTHER RESOLVED, That the _ supports the FAR Council’s action in proposing, for use in contracts posing a high risk of misuse of certain non-public information, model contract language that focuses on the activities likely to give rise to such misuse in such contracts, as well as the significant risks such misuse presents, and urges the FAR Council to complete that rulemaking;

FURTHER RESOLVED, That the _ urges supports the FAR Council’s action to encourage agencies to include the model Federal Acquisition Regulation (FAR) provisions in contracting actions involving procurements that pose risks of personal conflicts of interest and procurements that pose risks of contractor disclosure or misuse of non-public information;

FURTHER RESOLVED, That the _ supports the FAR Council’s action in proposing to encourage agencies to include model FAR provisions in contracting actions involving procurements that pose risks of contractor disclosure or misuse of non-public information, and urges the FAR Council to complete that rulemaking;

FURTHER RESOLVED, That the _ encourages the FAR Council to consider a provision requiring contractors to train their employees on recognizing personal conflict of interest risks and the misuse of certain non-public information.

FURTHER RESOLVED, That the _ supports encourages the FAR Council to consider proposing model FAR provisions that prohibit agencies from using contractors to establish and manage scientific or technical advisory committees without requiring such contractors to apply to prospective and actual members of such committees the same ethical requirements that would apply if such individuals were special government employees; and

FURTHER RESOLVED, That the _ urges agencies not covered by the FAR to consider using or modifying the model FAR provisions when negotiating contracts for activities likely to implicate significant ethical risks.

DELETIONS STRUCK THROUGH; ADDITIONS UNDERLINED