Employment discussions: If you participate personally and substantially in a procurement valued at more than $100,000, and if you contact, or you are contacted by, a bidder or offeror in that procurement regarding possible non-Federal employment, the Procurement Integrity Act requires that you take two actions immediately:
- you must immediately either reject the possibility of non-Federal employment or execute a written disqualification from further involvement in that procurement until you are authorized to resume participation; and
- you must promptly report the contact in writing to your supervisor and your ethics counselor (even if you immediately reject the possibility of employment).
The post-employment restriction in the Procurement Integrity Act at 41 U.S.C. 2104 applies to current Federal employees and former employees who performed any one or more of the following specified functions concerning the award of or administration of a contract:
- for a contract of more than $10,000,000, serving at the time of selection of a contractor or the award of a contract, as the procuring contracting officer, the source selection authority, a member of a source selection evaluation board, or the chief of a financial or technical evaluation team;
- serving as the program manager, deputy program manager, or administrative contracting officer for a contract of more than $10,000,000; or
- personally making any decision resulting in a payment, award, modification, overhead or other rate, or settlement valued at more than $10,000,000.
The post-employment restriction of the Procurement Integrity Act prohibits a former employee who performed any of these functions from receiving compensation from the contractor, including compensation as an employee, officer, director, or consultant, for a period of one year after performing such function.
There are some exceptions, so please consult your ethics counselor.