Title: AAPD 15-01 Partial Archive: PROHIBITION ON FEDERAL CONTRACTING WITH AND PROVIDING FEDERAL ASSISTANCE TO ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

Subject Category: ASSISTANCE, ACQUISITION MANAGEMENT

Purpose: This Acquisition & Assistance Policy Directive (AAPD):

A. Advises Contracting Officers (COs) and Agreement Officers (AOs) that there is a statutory prohibition in Section 743 of Division E, Title VII of Pub.L.113-235 against providing Federal funds to an “entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.”

B. Informs COs that there is a FAR rule in process, which will implement this Section 743 prohibition. However, pending the publication of that FAR rule, a FAR class deviation M/OAA-DEV-FAR-15-01c has been approved by the M/OAA/Director, which authorizes M/OAA to immediately begin implementing this statutory prohibition. The Chair of the Civilian Agency Acquisition Council (CAAC) has provided agencies with a related FAR representation and clause, which are attached to this AAPD, and which must be used now, pending issuance of the new FAR rule. This guidance was superseded by issuance of FAR representation 52.203-18 and clause 52.203-19 in January 2017. See FAR 3.909-3 for prescription on use of the representation and clause.

C. Informs AOs that the M/OAA Director has approved the attached representation and mandatory standard provision for Assistance solicitations and awards to Public International Organizations (PIOs) only, to immediately implement this statutory prohibition

AAPDs are EFFECTIVE AS OF THE ISSUED DATE unless otherwise noted in the guidance below; the directives remain in effect until this office issues a notice of cancellation.

Date Issued:
Thursday April 02, 2015