252.209-7012 — Prohibition Relating to Conflicts of Interest in Consulting Services—Certification.

DFARS 252.209-7012 — Prohibition Relating to Conflicts of Interest in Consulting Services—Certification.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

252.209-7012 Prohibition Relating to Conflicts of Interest in Consulting Services—Certification. As prescribed in 209.572(e), use the following provision: Prohibition Relating to Conflicts of Interest in Consulting Services—Certification (Oct 2025) (a) Definitions. As used in this provision— Consulting services means advisory and assistance services, except that “consulting services” does not include the provision of products or services related to— (1) Compliance with legal, audit, accounting, tax, reporting, or other requirements of the laws and standards of countries; or (2) Participation in a judicial, legal, or equitable dispute resolution proceeding. Contract oversight entity means any of the following: (1) The Contracting Officer. (2) The Contracting Officer's Representative. (3) The Defense Contract Management Agency. (4) The Defense Contract Audit Agency. (5) The DoD Office of Inspector General or any subcomponent of that office. (6) The Government Accountability Office. Covered contract means a DoD contract involving consulting services. Covered foreign entity means any of the following: (1) The government of the People's Republic of China, the Chinese Communist Party, the People's Liberation Army, the Ministry of State Security, or other security service or intelligence agency of the People's Republic of China. (2) The government of the Russian Federation or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662, Blocking Property of Additional Persons Contributing to the Situation in Ukraine. (3) The government of any country, if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism, pursuant to any of the following: (i) Section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)). (ii) Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). (iii) Section 40 of the Arms Export Control Act (22 U.S.C. 2780). (iv) Any oth

• If the Offeror answered in the affirmative in paragraphs (c)(1) and (2) of this provision, then the Offeror shall submit its conflict-of-interest mitigation plan to the Contracting Officer for approval.
• (1) The Offeror's conflict-of-interest mitigation plan shall be auditable by a contract oversight entity and shall include— (i) An identification, unless otherwise prohibited by law or regulation, of any covered contracts of the Offeror or its subsidiaries or affiliates with a covered foreign entity.
• If the Offeror is unable to identify one or more covered foreign entities due to confidentiality obligations, the Offeror shall identify such entities as a covered foreign entity; (ii) A written analysis, including a course of action for avoiding, neutralizing, or mitigating the actual or potential conflict of interest of such a covered contract; (iii) A description of the procedures by which the Offeror or its subsidiaries or affiliates will ensure that individuals who will perform the scope of a covered contract will not, for the duration of such contract, also provide any consulting services to any covered foreign entity; and (iv) A description of the procedures by which the Offeror or its subsidiaries or affiliates will submit to the contract oversight entities a notice of an unmitigated conflict of interest with respect to a covered contract within 15 days of determining that such a conflict has arisen.