Defense Contracting: Post-Government Employment of Former DOD Officials Needs Greater Transparency. Defense Acquisition Regulations System, Department of Defense (DoD). You may use an employment search (i.e., headhunter) firm when seeking post-government employment. and Welfare Section - (Los Angeles), Health, Education and Welfare Section (Sacramento), Health, Education There are strict deadlines for filing a charge of discrimination, please review the information in the timeliness tab or call 1-800-669-4000. DoD published a proposed rule at 76 FR 32846 on June 6, 2011, that proposed adding a requirement for offerors submitting proposals to DoD to represent whether former DoD officials employed by the offeror are in compliance with post-employment restrictions. An official website of the United States government, Department of Defense Standards of Conduct Office, Post Government Employment and Procurement Integrity, Hosted by Defense Media Activity - WEB.mil. L. 110-417, enacted October 14, 2008); (2) FAR subpart 3.10, Contractor Code of Business Ethics and Conduct, already requires contractors to monitor post-employment compliance with 18 U.S.C. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. 1-800-669-6820 (TTY) edition of the Federal Register. u;N ;iDv8j=(1g 7+Y U %Maafhlc7xd("p# cSq_{c),X.n>j!_*lVcxZ.onNaihFhBCv:-RY. 207 and 41 U.S.C. Comment: Two respondents noted that compliance with ethics rules is the responsibility of the covered officials, not the contractor employing them. Internships & Student Positions. The rules on post-Government employment are set out in: Various Federal statutes Office of Government Ethics (OGE) regulations The Joint Ethics Regulation (JER), DoD 5500.07-R PURPOSE: This document summarizes the Government ethics rules which may impose A lock ( However, this rule does not impose any new requirements on contracts at or below the SAT or for commercial services or commercial products, including COTS items. (5) DoD to make public the following information: (a) The database of ethics opinions required pursuant to section 847(b)(1); (b) the names of contractors and former DoD officials identified by the DoD IG as not being in compliance with the requirements of the proposed rule; (c) the actions taken by DoD to seek sanctions for each non-compliant contractor and former DoD official; and (d) what, if any, sanctions were actually imposed on the identified contractors and former DoD officials. regulatory information on FederalRegister.gov with the objective of Information about this document as published in the Federal Register. This restriction is most likely to affect former employees who join law, accounting, or public relations firms as partners. U.S. Department of Defense Standards of Conduct Office After you leave your Federal job, you generally may work for any employer -- even one that represents clients before the Government. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the The GAO found that contractors significantly under-reported the employment of former DoD officials and concluded that defense contractors may employ a substantial number of former DoD officials on assignments related to their former positions. This table of contents is a navigational tool, processed from the POST-GOVERNMENT ETHICS QUESTIONNAIRE Four respondents submitted public comments on the proposed rule. There are laws that may affect the pre- and post- employment activities of separating or retiring military members and civilian employees, including restrictions that apply to: -Post Government Employment (PGE) Handout, - Post Government Employment Advice Opinion Request, An official website of the United States government, The General Counsel of the Department of the Air Force, INTELLIGENCE, INTERNATIONAL, & MILITARY AFFAIRS DIVISION (SAF/GCI), FISCAL, ETHICS & ADMINISTRATIVE LAW DIVISION (SAF/GCA), INSTALLATIONS, ENERGY AND ENVIRONMENTAL LAW DIVISION (SAF/GCN), ACQUISITION, TECHNOLOGY, & LOGISTICS DIVISION (SAF/GCQ), CONTRACTOR RESPONSIBILITY AND CONFLICT RESOLUTION DIVISION (SAF/GCR), Pre- and Post- Employment Restrictions for Separating and Retiring Air Force Personnel Handout, Post Government Employment Advice Opinion Request, Hosted by Defense Media Activity - WEB.mil, Office of Government Ethics (OGE) regulations, The Joint Ethics Regulation (JER), DoD 5500.07-R (for DoD personnel), All Department of the Air Force personnel (military and civilian), Senior Government Employees (general officers and SES members). It is not an official legal edition of the Federal 2101-2107, and 5 CFR parts 2637 and 2641, as well as FAR 3.104-2. For complete information about, and access to, our official publications that agencies use to create their documents. Modes of Transportation. (3) The former DoD employee should be primarily responsible for his or her compliance with post-employment restrictions. As required by the Congressional Review Act (5 U.S.C. You may accept compensation from a division or affiliate of the contractor that does not produce the same or similar products or services as the entity responsible for the contract. 1 0 obj A .gov website belongs to an official government organization in the United States. Please contact the legal office for more information about your particular situation. A. Post-Employment Statutory Restrictions and Regulatory Implementation, B. Government Work Related to International Negotiations. Department of Defense (DOD) officials who serve in senior and acquisition positions and then leave for jobs with defense contractors are subject to the restrictions of post-government employment laws, in order to protect against conflicts of interest. The GAO report showed that major defense contractors are not currently ensuring that former DoD senior officials and acquisition executives working on contracts are complying with post-employment restrictions. FAR 3.104 implements 41 U.S.C 2104 and 18 U.S.C. regulatory information on FederalRegister.gov with the objective of The Office of Information and Regulatory Affairs has determined that this rule is not a major rule as defined by 5 U.S.C. POST internships and student positions. 207, 41 U.S.C. Secure .gov websites use HTTPS Coalition Urges House to Close the Pentagons Revolving post has no substantive legal effect. It identifies statues and regulations that restrict or otherwise affect activities of Government personnel while they are seeking employment. The two-year restriction does not apply unless you supervised the matter during your last year of Federal service. (4) The Clinger/Cohen Act prohibited the creation of contractor certifications that are not required by law. 207, 41 U.S.C. 18 U.S.C. b``$@ 3 For information on temporary office closures due to inclement weather or other issues, see ourOperating Statuspage. rendition of the daily Federal Register on FederalRegister.gov does not POST GOVERNMENT EMPLOYMENT 870 0 obj <>/Filter/FlateDecode/ID[<433AAC4327BDAC46A967AE8EAD8D3737><3F0C622BEF99654E8B94F4A01810DEE4>]/Index[859 24]/Info 858 0 R/Length 69/Prev 170709/Root 860 0 R/Size 883/Type/XRef/W[1 2 1]>>stream Published: May 21, 2008. Comment: Two respondents suggested that the rule may have several adverse effects, including deterring: (1) Small companies from competing for Start Printed Page 71828Government contracts; (2) contractors from hiring covered DoD officials; and (3) Federal employees who would be subject to the rule from seeking employment with DoD. If you were personally and substantially involved in the matter, then the restriction is permanent. chapter 35). 207. Therefore, 48 CFR parts 203 and 252 are amended as follows: 1. Respondents suggested limiting the proposed representation to work related to this offer or activities that the official is expected to undertake on behalf of the contractor.. The representation will be required only one time rather than continuously throughout contract performance. legal research should verify their results against an official edition of 4 0 obj The length of the restriction depends upon how you were involved in the matter while you still worked for the Government. Part 2637 was removed from title 5 of the CFR in a final rule published in the While seeking outside employment and working at ANAD, you must disqualify yourself, in writing, from participating in any particular matter that could affect your financial interests or the financial interests of a person or company with whom you are negotiating for employment. Defense Acquisition Regulations System, Department of Defense (DoD). Use the PDF linked in the document sidebar for the official electronic format. 207. 801-808) before an interim or final rule takes effect, DoD will submit a copy of the interim or final rule with the form, Submission of Federal Rules under the Congressional Review Act, to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. Of the remaining 5,200 former officials covered by the Procurement Integrity Act, we estimate that 3,900 (75 percent) of them may work for small business concerns. apply. [FR Doc. Summer no later than December 31; Spring no later than October 31; Fall no later than March 31, Accepting applications for Fall 2023 on a rolling basis. legal research should verify their results against an official edition of rendition of the daily Federal Register on FederalRegister.gov does not Accepting Summer 2023 applications until December 31, 2022, with positions filled on a rolling basis. 41 U.S.C. Hiring contractors have a duty to interview their new hires who formerly worked for DoD and screen their work experiences for relevant particular matters. This site displays a prototype of a Web 2.0 version of the daily An obsolete reference to 5 CFR 2637 is removed from the provision. If you have had access to certain sensitive procurement information, you may not disclose that information before the award of the contract to which the information relates (unless permitted by some other law). DoD is issuing a final rule to implement a recommendation of the Government Accountability Office (GAO). provide legal notice to the public or judicial notice to the courts. ANNISTON ARMY DEPOT, Ala. -- If you leave the federal service and work for a private employer, there are certain post-employment restrictions contained in the Ethics Rules that you must follow. Offerors make the representation by submission of an offer. Non-student volunteers may also Following the enactment of section 1045 of the NDAA for FY 2018, DoD included the requirement in DoD Instruction 1000.32, Prohibition of Lobbying Activity by Former DoD Senior Officials, that post-Government employment opinions Response: It is not feasible or practicable to expect that a Government ethics official list all particular matters for a Government employee. Consent is provided by Congress in 37 U.S.C. If you seek private, non-federal employment while working at ANAD, you must not work on a particular matter which could have an effect on your financial interests or the financial interests of people or companies with whom you are seeking employment or with whom you are negotiating for employment. A more recent GAO Report titled GAO-21-104311, Post-Government Employment Restrictions-DoD Could Further Enhance Its Compliance Efforts Related to Former Employees Working for Defense Contractors, dated September 9, 2021, states that in 2011 DoD modified its acquisition regulations to require that contractors, when submitting proposals in response to DoD solicitations, represent their employees' compliance with several post-Government employment restrictions. A more recent GAO Report titled GAO-21-104311, Post-Government Employment Restrictions-DoD Could Further Enhance Its Compliance Efforts Related to Former Employees Working for Defense Contractors, dated September 9, 2021, states that in 2011 DoD modified its acquisition regulations to require that contractors, when submitting DATES: Effective September 29, 2022. The principal statutory restrictions concerning post-Government employment for DoD officials after leaving Government employment are at 18 U.S.C. This site displays a prototype of a Web 2.0 version of the daily To do this work, GAO matched data from DOD for all employees who left DOD over a 6 year period with data from the Internal Revenue Service (IRS) and from 52 contractors; conducted surveys; and interviewed DOD and contractor officials. L. 109-364) requiring the GAO to report on recent employment of former DoD officials by major defense contractors. Contractors must ensure their employees avoid engaging in criminal conduct while carrying out duties on the contractor's behalf. Federal laws can sometimes also be a limiting factor. (Some former senior employees, however, are allowed to contact certain components of their former department or agency). This rule amends the solicitation provision at DFARS 252.203-7005. The rule requires offerers to submit representations regarding post-government employment at the time of contract award. Until the ACFR grants it official status, the XML and services, go to SEEKING EMPLOYMENT RESTRICTIONS (RULES WHEN YOU ARE LOOKING FOR A NEW JOB) Purpose: This document summarizes the Government ethics rules that may impose The restriction may affect you even though you were never involved in the matter during your Federal service. <> Privately Owned Vehicle (POV) Mileage Reimbursement Rates After you leave your Federal job, you generally may work for any employer. Comment: A respondent stated that due to its broad scope, implementation of substantial compliance programs is required. GAO further concluded that greater transparency is needed by DoD with respect to former senior and acquisition executives to ensure compliance with applicable post-employment restrictions. 'Brass for Gold': Warren Report Details Revolving Door Between Post Office Job Requirements | Indeed.com Click on each listing for more Law Enforcement Job Opportunities - Commission on POST EMPLOYMENT RESTRICTIONS . DFARS clause 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, already requires contractors to determine that a covered DoD official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor, regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the contractor. [FR Doc. 4 . Further, the proposed rule is applicable exclusively to DoD procurements, and it is narrower than FAR subpart 3.10, in that it is concerned exclusively with post-employment restrictions for former DoD officials. This rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 2306a, paragraph (a)(2)). E.O. stream DOD Could Further Enhance Its Compliance Efforts Related to Former Employees Working for Defense Contractors. (b) Use the provision at 252.203-7005, Representation Relating to Compensation of Former DoD Officials, in all solicitations, including solicitations for task and delivery orders. This document has been published in the Federal Register. After you leave federal employment, there are restrictions on the type of work you can perform for your new employer for any federal agency. Consequently, while it is usually simple to tell if a potential candidate was a `senior official,' it is often difficult to identify if he or she was an `acquisition executive'.. provide legal notice to the public or judicial notice to the courts. Use the PDF linked in the document sidebar for the official electronic format. 09/28/2022 at 8:45 am. Accepting applications for Fall 2023. This rule is not a major rule under 5 U.S.C. parts 2637and 2641, and FAR 3.1042 are not limited to former DoD officials and employees. 207 and 41 U.S.C. Washington, DC 20507 : There are two distinct post-government employment restrictions under Section 1045. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. Federal Register 2. If you worked on certain trade or treaty negotiations during your last year of Government service and had access to certain restricted information, you should contact your agency ethics official because you may be barred for one year from aiding or advising anyone (other than the United States) concerning those negotiations. Document page views are updated periodically throughout the day and are cumulative counts for this document. There were no known significant alternatives identified that would achieve the objectives of the rule. establishing the XML-based Federal Register as an ACFR-sanctioned Section 851 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2007 (Pub. You do not have to be a "lobbyist" to be affected by the law, and you may be affected even if you are working for a good cause or are not being paid for your work. These tools are designed to help you understand the official document The addition and revisions read as follows: (b) By submission of this offer, the Offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the Offeror, and who are expected to undertake activities on behalf of the Offeror for any resulting contract, are presently in compliance with all applicable post-employment restrictions, including those contained in 18 U.S.C. Contractors must also timely disclose to the Government any credible evidence of a violation of criminal law, which would include, for example, a violation of 18 U.S.C. headings within the legal text of Federal Register documents. Rate per mile. September 2021 POST GOVERNMENT EMPLOYMENT DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the requirement for offerors to represent whether former DoD officials employed by the offeror are in compliance with post-employment restrictions. Companies are prohibited, pursuant to subsection 3 of DFARS 203.171, entitled Senior DoD officials seeking employment with defense contractors, from knowingly provid(ing) compensation to a covered DoD official within two years after the official leaves DoD service unless the contractor first determines that the official has received * * * the post-employment ethics opinion pursuant to section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. Click on each listing for more information. nXY}@La7q88 Ix2N(dc'q-yKvR=:~jfn3gkQvo\ [8l}=_nZjc#0[56.l'xd^78 qE[#pF4[v M SZ60k'reNqD0t[c @*,4W~6O={?Wm^jv ;x(f{9g|!J\f3h=='~^v_o9 kz+mc:x]U-UgVUQim.:mt$\}5t*!:7n;9Q)Ze]n>)cB+h6.J\di-d&IIdPM1q[#wVSUGKM,]ee. the material on FederalRegister.gov is accurately displayed, consistent with (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. These additional restrictions last for one year from the date you leave your senior employee position and apply even if you aren't paid for your work. An official website of the United States government, Department of Defense Standards of Conduct Office, Post Government Employment and Procurement Integrity, Ethics Counselor Toolbox (Post-Government Employment and Procurement Integrity), Presentation on Post-Government Employment Restrictions, Post-Government Employment Seminar Questions, Model Disqualification Statement for Personnel Serviced by Other Agencies and DAEOs, Model Disqualification Statement for OSD Personnel, Model for Post-Government Employment Opinion, Model Disqualification and STOCK ACT Notification, SOCO Interpretation of Covered DoD OfficialsUnder Section 847 [2 year lookback], Prevention of Violations of Post-Government Service Employment Restrictions, FYI: Post-Government Employment Advice/Letters, Applying the Compensation Ban to Program Managers, Application of Procurement Integrity Act and Regulations, Summary of the Emoluments Clause Restrictions, White Paper: Application of Emoluments Clause to DoD Civilian and Military Personnel, Information Paper on One Year Cooling-Off Period for NGB Senior Officials, Reserve Officer Matrix (Quick reference on the applicability of post-Government employment rules on Officers in the Reserve Component), DoD Instruction 1000.32 (Section 1045 Guidance), Hosted by Defense Media Activity - WEB.mil. (2) There is some relationship to FAR subpart 3.10. 3. Information about this document as published in the Federal Register. 1-844-234-5122 (ASL Video Phone) The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution. Each document posted on the site includes a link to the better and aid in comparing the online edition to the print edition. the current document as it appeared on Public Inspection on 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Revise section 203.171-4 to read as follows: (a) Use the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, in all solicitations and contracts. the Federal Register. at 73 FR 36168 (June 25, 2008). The GAO recommended that DoD ask potential offerors to certify that the former DoD officials employed by the offeror are in compliance with post-employment restrictions when contracts are being awarded and that contracting officers consider continuing certifications throughout the performance of the contract. By Polly Russell, ANAD Legal Office June 28, 2018. "Senior" and "very senior" employees are subject to some additional post-employment rules that are described at the end of this pamphlet. 207 (post-Government employment restrictions). 12866, Regulatory Planning and Review, dated September 30, 1993. 1-800-669-6820 (TTY) At other times, it has been held to imply a duty to investigate before making the representation.. Ethics Counselor Toolbox (Post-Government Employment and Defense Federal Acquisition Regulation System Case Number 2010-D020, entitled "Representation Regarding Compensation of Former DOD Officials" was published in the Federal Register Vol. In the period of 2001-2006, 1.85 million former military and civilian personnel left DoD service. If you are looking for outside employment while working at Anniston Army Depot or negotiating with an outside employer for a job while working at ANAD, there are restrictions that apply as well.

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