New post-government employment requirements

  • Published
  • By Capt. Brant Whipple
  • 21st Space Wing Legal Office
This article is intended to inform all Government employees of certain requirements when leaving Government employment to work for a Department of Defense contractor.

Section 847 of the National Defense Authorization Act for Fiscal Year 2008 requires certain DOD employees who have left Federal service on or after Jan. 28, 2008, to request a written ethics opinion from a DOD-ethics counselor prior to working for a DOD contractor. The opinion must be requested within two years after leaving DOD service and will address the limits on their employment with DOD contractors.

DOD employees who must obtain the opinion include:
     1. General Officers, Senior Executive Service, and Executive Schedule positions who have participated personally and substantially in an acquisition with a value in excess of $10 million, OR
     2. Any DOD employee who served, or currently serves, as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

To obtain the ethics opinion, contact the 21st Space Wing Legal Office. Opinions are provided to the individual within 30 days of the request. Failure to request the opinion by the employee or failure by the contractor to ensure the opinion was requested can result in a cancellation of a procurement, rescission of a contract, or initiation of suspension or debarment proceedings.

Additional information on this requirement can be found at the National Defense Authorization Act for Fiscal Year 2008 Section 847, The DOD Office of General Counsel Standards of Conduct Office and the Federal Register (Jan. 15, 2009).