12 2 STA T .4538PUBLIC LA W 11 0– 41 7—O CT. 14 , 2008 (1)ELEM E NTSOFP OL ICY.—Thepolicyr e qu ire d u n der s u b- sec t ion ( a ) shall— ( A ) pro v ideade f inition of the ter m‘ ‘personal conflict of interest ’ ’ as it relates to contractor employees performin g acquisition functions closely associated w ith inherently governmental functions
and ( B ) require each contractor whose employees perform acquisition functions closely associated with inherently governmental functions to— (i) identify and prevent personal conflicts of interest for employees of the contractor who are per- forming such functions; (ii) prohibit contractor employees who have access to non-public government information obtained while performing such functions from using such information for personal gain; (iii) report any personal conflict-of-interest viola- tion by such an employee to the applicable contracting officer or contracting officer’s representative as soon as it is identified; (iv) maintain effective oversight to verify compli- ance with personal conflict-of-interest safeguards; (v) have procedures in place to screen for potential conflicts of interest for all employees performing such functions; and (vi) ta k e appropriate disciplinary action in the case of employees who fail to comply with policies estab- lished pursuant to this section. ( 2 ) C ONT RA CT CLA U SE.— (A) The Administrator shall develop a personal con- flicts-of-interest clause or a set of clauses for inclusion in solicitations and contracts (and task or delivery orders) for the performance of acquisition functions closely associ- ated with inherently governmental functions that sets forth the personal conflicts-of-interest policy developed under this subsection and that sets forth the contractor’s respon- sibilities under such policy. (B) S ubparagraph (A) shall take effect 30 0 days after the date of the enactment of this Act and shall apply to— (i) contracts entered into on or after that effective date; and (ii) task or delivery orders awarded on or after that effective date , regardless of whether the contracts pursuant to which such task or delivery orders are awarded are entered before, on, or after the date of the enactment of this Act. (3) APPLICA B ILITY.— (A) E x cept as provided in subparagraph (B), this sub- section shall apply to any contract for an amount in excess of the simplified acquisition threshold (as defined in section 4 (11) of the O ffice of F ederal P rocurement Policy Act (41 U .S.C. 403(11)) if the contract is for the performance of acquisition functions closely associated with inherently governmental functions. (B) I f only a portion of a contract described in subpara- graph (A) is for the performance of acquisition functions Ef f ectiv e da te .Ap p l ica b ilit y .
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