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Restrictions to service as a DoD Contractor or Consultant

 

For both Consultants and Contractors to the Department of Defense, there may exist some post-service restrictions that limit, delay, or forbid your civilian employment:

  • If you made a decision or gave advice on a contract or some other matter during your time in the service, Federal conflict of interest laws establish a lifetime ban that prohibits you from representing a contractor or someone else before the government
  • If you had oversight of a contract or some other matter that was pending within the last year of your service, you are prohibited by law for two years from representing a contractor or someone else on the same
  • The Procurement Integrity Act calls for a one-year compensation ban that applies to employees who hold certain positions or make decisions on contracts worth more than $10 million
  • During ETS leave, military officers cannot represent a contractor or other non-Federal entity before the government
  • The Emoluments Clause of the US Constitution applies to retired members of the military. The clause prohibits the “employment of all retired military members, both officer and enlisted and both Regular and Reserve, by a foreign government” unless a waiver is granted. This includes employment with any entity owned, operated, or controlled by a foreign government.

Sources:

Arthur Kaff, “Job Hunting? These post-government employment restrictions might apply to you,” Army Echoes, Jun-Sep 2017, accessed July 8, 2017, https://soldierforlife.army.mil/sites/default/files/echoes_issues/Army_Echoes_June_2017.pdf.  See also: “Post-Government Employment Guidance from The Department of the Air Force General Counsel,” accessed July 8, 2017, http://www.safgc.hq.af.mil/Organizations/GCA/Ethics/Post-Government-Employment/. See also: “Rules on Job Hunting and Post-Government Employment,” The Fort Knox Office of the Staff Judge Advocate, accessed July 8, 2017, http://www.knox.army.mil/Garrison/supportoffices/sja/docs/papers/adminlaw/Post_Gvt_Employment.pdf.

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