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Leaving the Fed Gov’t – Separation Rules


Kaiser

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Hi – I am Project Manager  – GS15 and am planning to leave the Federal Government and start my own consulting business.  I am have participated in the source selection of some contracts and do not plan to do business with any of the primes.  However, there are a few subs that I would like to provider service to – what are the restrictions that I need to follow and how long? .

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Thanks Don -

I will indeed reach out to my Agency ethics POC and get a written option, but I wanted to do my own research first.  I read the FAR and 41 USC 2104, it indicates that a $10 award contract or larger would (within the last 12 months) would result in me not being allowed to accept compensation.  Any idea if this is a cumulative limit or just applies to a single award that was made in excess of $10M?  Also, if the company I want to work with was a a sub, they would not have received the entire $10M of the contract (not sure that matters though).

Thanks again,

Kasier

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Guest PepeTheFrog

You play attorney on your own and research Title 5, Part 2641 of the Code of Federal Regulations (CFR), but Don Mansfield's advice is wise, as usual.

This matter is unquestionably something that should come (in writing if possible) from your agency ethics attorney (agency ethics official). They're waiting all day for calls like yours, give them a ring. This is important stuff that can result in a ruined career or crimes. 

 

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Good luck to you. On my last major defense acquisition program, it seems like there was a revolving door from the army and DOD program offices where GS 14 and 15’s, program level managers, program site managers and the like - and even SES level agency chiefs went to work for the Major Defense Contractors on the same program. Heck, even an Army Colonel who was our Program Director went to work for  one of the successful Systems Contractors on their proposal team for those systems contracts. All of these were supposedly cleared by the Ethics attorneys in the DoD organizations, including our organization.

Seems like a far cry from what we were constantly trained in ethics classes, as far back as my college days at the Air Force Academy, to avoid.

Based upon what I witnessed on that Program, Id be surprised if you were told “no”. 

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https://www.doi.gov/ethics/restrictions-on-post-government-employment

https://www.oge.gov/Web/oge.nsf/Resources/After+Leaving+Government

http://ogc.osd.mil/defense_ethics/resource_library/pgser_nonsenior.pdf

https://www.google.com/amp/s/www.fedweek.com/issue-briefs/guidance-issued-post-employment-restrictions/amp/

From what you said, you want to somehow advise industry, including  certain firms that are currently subcontractors on projects that you were involved with. The restrictions there are primarily on representing entities on matters which you were personally involved with or supervised - for instance,  generally advising a sub on contracts that you were personally involved with or directly supervised prior to award or after award. 

The restrictions would also apply to seeking employment (I think that would include seeking them as a future client before you leave government service).

You might not be restricted from advising a firm on other matters or contracts that you weren’t personally involved with. 

Of course, you will obtain written advice from YOUR agency ethics advisor. Be sure to have them address your specific intentions and circumstances. Good luck on your future endeavors. 

How senior government employees land jobs with firms on their proposal teams for projects that they were involved with before leaving govt service baffles me. A friend of mine did just that.  It was part of a protest of award of a huge contract a few years ago for infrastructure improvements for flood damage protection infrastructure. He was on the initially selected JV’s team and it was alleged conflict of interest and insider knowledge. The GAO pretty much took the government’s word at face value when the organization said that he wasn’t personally involved with that project for a period of a year before the source selection...........uh huh.......

Sincerely,

“A Monkey’s Uncle”

EDIT: ahhhhh,  I forgot an important detail that probably has something to do  with the ultimate opinion by GAO that there was no conflict of interest. He was a GS-15...

No personal offense but your chances are probably pretty good. 

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