[Code of Federal Regulations]
[Title 48, Volume 7]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR3052.209-73]

[Page 108-109]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
     CHAPTER 30--DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY 
                      ACQUISITION REGULATION (HSAR)
 
Sec. 3052.209-73  Limitation of future contracting.

    As prescribed in (HSAR) 48 CFR 3009.507-2, the contracting officer 
may insert a clause substantially as follows in solicitations and 
contracts:

               Limitation of Future Contracting (JUN 2006)

    (a) The Contracting Officer has determined that this acquisition may 
give rise to a potential organizational conflict of interest. 
Accordingly, the attention of prospective offerors is invited to FAR 
Subpart 9.5--Organizational Conflicts of Interest.
    (b) The nature of this conflict is [describe the conflict].
    (c) The restrictions upon future contracting are as follows:
    (1) If the Contractor, under the terms of this contract, or through 
the performance of tasks pursuant to this contract, is required

[[Page 109]]

to develop specifications or statements of work that are to be 
incorporated into a solicitation, the Contractor shall be ineligible to 
perform the work described in that solicitation as a prime or first-tier 
subcontractor under an ensuing DHS contract. This restriction shall 
remain in effect for a reasonable time, as agreed to by the Contracting 
Officer and the Contractor, sufficient to avoid unfair competitive 
advantage or potential bias (this time shall in no case be less than the 
duration of the initial production contract). DHS shall not unilaterally 
require the Contractor to prepare such specifications or statements of 
work under this contract.
    (2) To the extent that the work under this contract requires access 
to proprietary, business confidential, or financial data of other 
companies, and as long as these data remain proprietary or confidential, 
the Contractor shall protect these data from unauthorized use and 
disclosure and agrees not to use them to compete with those other 
companies.

                             (End of clause)

[71 FR 25774, May 2, 2006]