Filed under: Bid Protest, GAO, OCI, Procurement Integrity, Revolving Door | Tags: B-404833.4, bid protest, former Government employee, GAO, Government Accountability Office, hard facts, Personal Conflicts of Interest, procurement integrity, revolving door, VSE Corporation
A recent GAO protest decision illustrates the challenges for a company, as well as contracting officers, in addressing a company’s hiring of a former Government employee who has some connection with the procurement. Those looking for clear rules and easy answers in this area will be disappointed.
VSE Corporation, B-404833.4, issued by GAO on November 21, 2011, highlights the difficulties in assessing the effect of the hiring of a former Government employee who has had involvement in the procurement. GAO concluded that, notwithstanding the contracting officer’s investigation of the potential personal conflict of interest, the contracting officer’s determination that VSE’s hiring of the former Government employee as a consultant on a procurement with which he had previous involvement was based on assumptions, rather than hard facts, and relied on an incorrect understanding of the statutes and regulations that apply to post-government employment activities. (more…)
Filed under: Code of Business Ethics and Conduct, Compliance, Department of Defense, DFARS, GAO | Tags: 2011, B-404833.4, certify, compliance, Corp., Defense Federal Acquisition Regulation Supplement, Department of Defense, DFARS, DFARS part 252.203-7005, DoD, ethics and conduct, November 18, revolving door, VSE
The Department of Defense (DoD) has finalized a new rule that requires defense contractors to certify compliance with the federal “revolving door” rules that restrict former DoD employees’ activities after they enter the private sector. Although contractors are already expected to ensure compliance with these laws and regulations under the existing contractor “business ethics and conduct” requirements, the new rule’s certification requirement introduces potentially severe consequences for failing to comply, and essentially shifts the responsibility to the contractor to ensure that its employees are abiding by the post-employment restrictions. The rule is implemented at Defense Federal Acquisition Regulation Supplement (DFARS) part 252.203-7005. (more…)
