DFARS 252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition Program
Clause Defense Federal Acquisition Regulation Supplement May 2019 version
Facts
- Citation
- DFARS 252.209-7009
- Type
- Clause
- Current version
- May 2019
- Prescribed in
- DFARS 209.571-8(b)
- Supplements
- FAR Subpart 52.2 Text of Provisions and Clauses
- Last amended
- 84 FR 25186 Effective May 31, 2019
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this clause.
Text
As prescribed in 209.571-8 (b), use the following clause:
ORGANIZATIONAL CONFLICT OF INTEREST — MAJOR DEFENSE ACQUISITION PROGRAM (MAY 2019)
(a) Definition. As used in this clause—
“Major subcontractor” means a subcontractor that is awarded a subcontract that equals or exceeds—
(1) Both the certified cost or pricing data threshold and 10 percent of the value of the contract under which the subcontracts is awarded; or
(2) The threshold specified in the definition of “major subcontractor” at Defense Federal Acquisition Regulation Supplement 209.571-1 on the date of subcontract award.
(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)
Federal Register history
Sections cited
- DFARS 209.571-1 Definitions
Quick answers
What is DFARS 252.209-7009?
DFARS 252.209-7009 is a clause of the Defense Federal Acquisition Regulation Supplement, titled "Organizational Conflict of Interest—Major Defense Acquisition Program".
What is the current version of DFARS 252.209-7009?
The current version is dated May 2019.
Where is DFARS 252.209-7009 prescribed?
It is prescribed in DFARS 209.571-8(b), Solicitation provision and contract clause.
When was DFARS 252.209-7009 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Applicability of Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2018-D023)" (84 FR 25186), published May 31, 2019 and effective May 31, 2019.
Are changes to DFARS 252.209-7009 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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