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DFARS 252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition Program. Basic (Oct 2015)

As prescribed in 209.571-8(b), use the clause at 252.209-7009, Organizational Conflict of Interest—Major Defense Acquisition Program, in solicitations and contracts for systems engineering and technical assistance for major defense acquisition programs or pre-major defense acquisition programs.

ORGANIZATIONAL CONFLICT OF INTEREST— MAJOR DEFENSE ACQUISITION PROGRAM (OCT 2015)

      (a)  Definition.

      “Major subcontractor,” as used in this clause, means a subcontractor that is awarded a subcontract that equals or exceeds—

              (i)  Both the certified cost or pricing data threshold and 10 percent of the value of the contract under which the subcontracts are awarded; or

              (ii)  $55 million.

      (b)  This contract is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.

      (c)  Prohibition.  Except as provided in paragraph (d) of this clause, as required by paragraph (b)(3) of section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23), the Contractor or any affiliate of the Contractor is prohibited from participating as a prime contractor or major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program.

      (d)  Organizational Conflict of Interest Mitigation Plan.  If the Contractor submitted an acceptable Organizational Conflict of Interest Mitigation Plan that has been incorporated into this contract, then the prohibition in paragraph (c) of this clause does not apply. The Contractor shall comply with the Organizational Conflict of Interest Mitigation Plan. Compliance with the Organizational Conflict of Interest Mitigation Plan is a material requirement of the contract. Failure to comply may result in the Contractor or any affiliate of the Contractor being prohibited from participating as a contractor or major subcontractor in the development or production of a weapon system under the program, in addition to any other remedies available to the Government for noncompliance with a material requirement of a contract.

(End of clause)

NONE

Prime’s obligation;
SETA ✔ (Applies to systems engineering and technical assistance for major defense acquisition programs or pre-major defense acquisition programs.);

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