Notice2025-16198
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS) Preventing Conflicts of Interest for Certain Consulting Services
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2025
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
The Defense Acquisition Regulations System has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Full Text
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<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Notices]
[Pages 41384-41385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16198]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2025-0104; OMB Control Number 0750-0009]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement (DFARS) Preventing Conflicts of Interest for
Certain Consulting Services
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice.
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SUMMARY: The Defense Acquisition Regulations System has submitted to
OMB for clearance the following proposal for collection of information
under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by
September 24, 2025.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
You may also submit comments, identified by docket number and
title, by the following method: Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Tucker Lucas, 571-372-7574, or <a href="/cdn-cgi/l/email-protection#ed9a859ec3808ec08c818895c3889e89c3808f95c38989c0898289c084838b829f808c99848283c08e828181888e998482839ead808c8481c3808481"><span class="__cf_email__" data-cfemail="502738237e3d337d313c35287e3523347e3d32287e34347d343f347d393e363f223d3124393f3e7d333f3c3c353324393f3e23103d31393c7e3d393c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS), Preventing Conflicts of Interest for Certain
Consulting Services; OMB Control Number 0750-0009.
Type of Request: New submission.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On Occasion.
Number of Respondents: 9,345.
Responses Per Respondent: Approximately 1.
Annual Responses: 9,657.
Average Burden Per Response: 1 hour.
Annual Burden Hours: 9,657.
Needs and Uses: This information collection is necessary to
implement
[[Page 41385]]
section 812 of the National Defense Authorization Act (NDAA) for Fiscal
Year (FY) 2024 (Pub. L. 118-31). Section 812 requires DoD to collect
information regarding potential conflicts of interest from any offeror,
including any subsidiary or affiliate thereof, proposing to perform
work on a DoD contract for certain consulting services.
The solicitation provision at DFARS 252.209-7012, Prohibition
Relating to Conflicts of Interest in Consulting Services--
Certification, will be included in solicitations assigned a North
American Industry Classification System (NAICS) code beginning with
5416, including solicitations using Federal Acquisition Regulation
(FAR) part 12 procedures for the acquisition of commercial services,
but excluding contracts for commercial products. NAICS codes beginning
with 5416 include management, scientific, and technical consulting
services.
The solicitation provision at DFARS 252.209-7012 requires offerors
to certify whether the offeror, or any of its subsidiaries or its
affiliates, hold a contract or subcontract that involves consulting
services with one or more covered foreign entities. The term ``covered
foreign entity'' is defined in section 812 of the NDAA for FY 2024 and
includes, but is not limited to, the government of the People's
Republic of China and the government of the Russian Federation.
The solicitation provision also requires offerors to certify
whether they maintain a conflict-of-interest mitigation plan. If an
offeror certifies that it, or any of its subsidiaries or affiliates,
hold a contract or subcontract that involves consulting services with
one or more covered foreign entities, then to be eligible for award,
the offeror would be required to submit to the contracting officer a
conflict-of-interest mitigation plan auditable by a contract oversight
entity (e.g., the Defense Contract Management Agency).
Contracting officers will use the information provided by offerors
to ensure that--
(1) An offeror does not have contracts or subcontracts that involve
consulting services with covered foreign entities;
(2) The conflict of interest will be mitigated if an offeror has
such contracts or subcontracts and is tentatively selected for award;
or
(3) A contract will not be awarded to the offeror.
If a contract is awarded to an offeror with an approved conflict-
of-interest mitigation plan, the contracting officer will incorporate
the offeror's conflict-of-interest mitigation plan into the contract.
The plan may be audited by a contract oversight entity.
DoD Clearance Officer: Mr. Tucker Lucas. Requests for copies of the
information collection proposal should be sent to Mr. Lucas at <a href="/cdn-cgi/l/email-protection#d8afb0abf6b5bbf5b9b4bda0f6bdabbcf6b5baa0f6bcbcf5bcb7bcf5b1b6beb7aab5b9acb1b7b6f5bbb7b4b4bdbbacb1b7b6ab98b5b9b1b4f6b5b1b4"><span class="__cf_email__" data-cfemail="55223d267b3836783439302d7b3026317b38372d7b313178313a31783c3b333a273834213c3a3b78363a39393036213c3a3b261538343c397b383c39">[email protected]</span></a>.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2025-16198 Filed 8-22-25; 8:45 am]
BILLING CODE 6001-FR-P
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