Rules on Seeking Outside Government Employment
Buyers and sellers in government contracts have many statutes and regulations addressing acceptable conduct. We could spend the entire course just on the False Claims Act or Truth in Negotiations. While all of these restrictions are important, the two I would like to focus on for very practical reasons are the restrictions on access to data during the competitive process and post-employment restrictions for government employees. Briefly answer the question below:
Question #1: Here I’d like you to see yourself as a successful government employee, say a program manager, who is thinking about leaving government and going to work for a government contractor. In fact, reps from one of the companies that is under contract to your program have given broad hints that they might be interested in hiring you if you ever consider leaving government. At this point, nothing specific has been said, but you think they are about to get serious with an offer. What should your concerns be at this point? What should you do? What should you be worried about? Let me give you a hint; you are at risk of violating the law. What d
Ethics commonly inhibit state and federal government employees from having a financial conflict of interest. Unethical practices are likely to compromise the procurement process as it will likely mar it with favoritism, further curtailing transparency efforts and increasing corrupt foreign practices. Based on the case study identified, most government employees are subjected to the “Rules on Seeking Employment.” Under the Code of Financial Regulation, Sections 2635.402 and 2635.502 of the government ethics, the rules on seeking outside employment directly prohibit former government employees from participating personally and significantly in any matters that to their knowledge has direct and predictable implications on the financial interests of their prospective employer with who they seek employment (Legal Information Institute, 2020). This implies that they face legal ramifications if they choose to proceed with their actions.
The most significant type is the potential for their bid and participation in the process to be discontinued. Office of the General Rule Counsel (2020) identifies that their continued participation in such conduct may trigger a disqualification. To participate in such, employees will need to give advance notice of disqualification arising from employment negotiations. US. Office of Government Ethics (2016) identifies that employees should request approval before outside employment by filing a Public Financial Disclosure Report. Submitting my notice to the government should be my main concern. Office of the General Rule Counsel (2020) identifies that most employees are subjected to certain restrictions even after leaving employment. Furthermore, the research indicates that the procurement integrity act prohibits former employees from releasing source selection, proposal information, and contractor bids (US DoJ, 2017). Additionally, most former employees who served in the contract selection office and procurement for bids above $10 million should not receive any form of compensation for at least a year.
References
Legal Information Institute. (2020). 5 CFR § 2635.402 – Disqualifying financial interests. LII / Legal Information Institute. https://www.law.cornell.edu/cfr/text/5/2635.402
Office of the General Rule Counsel. (2020). Seeking and Post-Government Employment. https://ogc.commerce.gov/page/seeking-and-post-government-employment#:~:text=Seeking%20Employment,interests%20of%20a%20prospective%20employer
US Office of Government Ethics. (2016). Ethics & Procurement Integrity. FAI.GOV. https://www.fai.gov/sites/default/files/pdfss/OGEprocurementintegrity_07.pdf
US DOJ. (2017). Procurement integrity. US Department of Justice. https://www.justice.gov/jmd/procurement-integrity
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