Hindson & Melton LLC » Procurement Integrity http://hindsonmelton.net Thu, 06 Jan 2022 21:08:05 +0000 en-US hourly 1 https://wordpress.org/?v=3.9.40 Post-Government Employment Activities and Appearance of Impropriety http://hindsonmelton.net/post-government-employment-activities-and-appearance-of-impropriety-2/ http://hindsonmelton.net/post-government-employment-activities-and-appearance-of-impropriety-2/#comments Tue, 29 May 2012 19:17:49 +0000 http://hindsonmelton.net/?p=877 Permanent post-government employment activities restriction: 18 U.S.C.§207(a)(1) (2006) imposes a permanent prohibition against an individual, who has terminated his or her employment as an officer or employee of the United States, from making any communication intended to influence a United States government employee in connection with a particular matter in which the former officer or employee participated personally and substantially as such officer or employee, and which involved a specific party or specific parties at the time of such participation.

2-year post-government employment activities restriction:  18 U.S.C. §207(a)(2) imposes a 2-year prohibition against a former employee making a communication intended to influence a United States government employee in connection with a particular matter, which the former officer or employee knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of one year before the termination of his or her employment with the United States.

The Comptroller General, in Matter of: VSE Corporation, B-404833.4 (November 21, 2011), sustained a protest challenging the Army’s termination of VSE’s contract based on a contracting officer’s determination that an appearance of impropriety had been created by the protester’s hiring of a former government employee as a consultant.  GAO examined the contracting officer’s findings with regard to the post-employment activities of the individual in question, and found the contracting officer’s findings to be unreasonable.  “A finding that an actual or apparent impropriety was created by a firm’s hiring of a former government employee must be based on hard facts, rather than suspicion or innuendo, which demonstrate that the former employee could have conferred an unfair competitive advantage to that firm.”

The GAO decision in VSE Corporation includes a good discussion of the post-government employment activities rules and appearance of impropriety analysis.  For more information contact Karen Hindson.

]]> http://hindsonmelton.net/post-government-employment-activities-and-appearance-of-impropriety-2/feed/ 0 Post-Government Employment Activities and Appearance of Impropriety http://hindsonmelton.net/post-government-employment-activities-and-appearance-of-impropriety/ http://hindsonmelton.net/post-government-employment-activities-and-appearance-of-impropriety/#comments Tue, 22 May 2012 22:11:23 +0000 http://hindsonmelton.net/?p=807
Permanent post-government employment activities restriction: 18 U.S.C.§207(a)(1) (2006) imposes a permanent prohibition against an individual, who has terminated his or her employment as an officer or employee of the United States, from making any communication intended to influence a United States government employee in connection with a particular matter in which the former officer or employee participated personally and substantially as such officer or employee, and which involved a specific party or specific parties at the time of such participation.2-year post-government employment activities restriction:  18 U.S.C. §207(a)(2) imposes a 2-year prohibition against a former employee making a communication intended to influence a United States government employee in connection with a particular matter, which the former officer or employee knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of one year before the termination of his or her employment with the United States.The Comptroller General, in Matter of: VSE Corporation, B-404833.4 (November 21, 2011), sustained a protest challenging the Army’s termination of VSE’s contract based on a contracting officer’s determination that an appearance of impropriety had been created by the protester’s hiring of a former government employee as a consultant.  GAO examined the contracting officer’s findings with regard to the post-employment activities of the individual in question, and found the contracting officer’s findings to be unreasonable.  “A finding that an actual or apparent impropriety was created by a firm’s hiring of a former government employee must be based on hard facts, rather than suspicion or innuendo, which demonstrate that the former employee could have conferred an unfair competitive advantage to that firm.”See this 2011 GAO decision for a good discussion of the post-government employment activities rules and appearance of impropriety analysis. ]]> http://hindsonmelton.net/post-government-employment-activities-and-appearance-of-impropriety/feed/ 0 Post-Employment Restrictions for Government Employees http://hindsonmelton.net/post-employment-restrictions-for-government-employees/ http://hindsonmelton.net/post-employment-restrictions-for-government-employees/#comments Wed, 30 Nov 2011 16:55:00 +0000 http://hindsonmelton.net/post-employment-restrictions-for-government-employees/ Former government employees are subject to statutory post-employment restrictions, including both permanent restrictions and 2-year restrictions. In November 2011, GAO sustained a bid protest against a contracting officer’s termination of a contract based on a finding of an appearance of impropriety. See information on post-employment activities and appearance of impropriety.

If you have questions about procurement integrity or post-employment restrictions, contact government contracts attorney Karen S. Hindson.

]]> http://hindsonmelton.net/post-employment-restrictions-for-government-employees/feed/ 0 Procurement Integrity and Trade Secrets Act http://hindsonmelton.net/procurement-integrity-and-trade-secrets-act/ http://hindsonmelton.net/procurement-integrity-and-trade-secrets-act/#comments Tue, 12 Oct 2010 01:43:00 +0000 http://hindsonmelton.net/procurement-integrity-and-trade-secrets-act/ FAR 3.104 Procurement Integrity implements certain statutory provisions relating to protecting contractor bid or proposal information and source selection information.

The Trade Secrets Act, 18 U.S.C. Section 1905, makes it a crime punishable by fine or imprisonment for a government employee to divulge to any extent not authorized by law information relating to the trade secrets, processes, operations, style of work, confidential statistical data, profits, losses, or expenditures of any person, firm, partnership, corporation, or association.

FAR 3.104 also addresses agency officials and contacts with offerors regarding non-Federal employment. Post-employment restrictions for agency officials are designed to enhance procurement integrity and public confidence in the integrity of the government procurement process.

For your contract compliance issues, contact Karen Hindson of Hindson & Melton LLC, government contracts attorney.

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