Model Post-Government Employment Advice Letter For Personnel Subject to Section 847 Restrictions




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Model Post-Government Employment Advice Letter

For Personnel Subject to Section 847 Restrictions



Name

Address of Employee


Re: Post-Employment Restrictions
Certain current or former DoD officials who, within two years of leaving DoD, expect to receive compensation from a defense contractor must request and receive a written opinion regarding the applicability of post-employment restrictions to activities that official may undertake on behalf of a defense contractor before receiving pay. This requirement is in Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181). It applies if you are a current or former DoD official who participated personally and substantially in an acquisition with a value in excess of $10M while serving in: (1) an Executive Schedule position; (2) a Senior Executive Service position; (3) a general or flag officer position; or (4) in the position of program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team.
It appears that you serve or served in one of the covered positions. Since you will be leaving DoD service on (insert date), we are providing you with this opinion concerning your post-employment activities with prospective employers [, including (insert name of company, if applicable)].
My advice with respect to these matters is advisory only and is provided in accordance with section 2635.107 of title 5, Code of Federal Regulations. I am providing this advice in my official capacity, on behalf of the United States, and not as your representative. Neither the information you provided to receive this advice letter, nor the provision of this letter, creates an attorney-client relationship between you and an attorney rendering such advice.
[From the information that you provided, it is my opinion that the Procurement Integrity Act (41 U.S.C. § 423) does not prohibit you from accepting compensation from any particular firm or entity{, including (insert name of company, if applicable)}.]
or
[From the information that you provided, it is my opinion that the Procurement Integrity Act (41 U.S.C. § 423) prohibits you from accepting compensation from (insert name of Company) until (insert date). This prohibition is discussed in detail in the materials styled “Procurement Integrity Act Restrictions,” dated May 17, 2005, and enclosed with this letter.]

Other post-employment laws and regulations[, however,]could potentially restrict the type of work you may perform for [(insert name of company if applicable) or ]any prospective employer. These are discussed in detail in the materials styled “Post-Government Service Employment Restrictions for Military Personnel E-1 through 0-6 and Civilian Personnel whose rate of basic pay is less than 86.5% of the rate for Executive Schedule Level II (less than $148,953 in 2008),” dated January 7, 2008 [or “Post-Government Service Employment Restrictions for Civilian Personnel whose rate of basic pay is at or above 86.5% of the rate for Executive Schedule Level II ($148,953 in 2008) and Flag and General Officers,”] and, that enclosed with this letter.


These post-employment statutes carry criminal sanctions and can be confusing. Accordingly, if you have any questions or need more specific advice, even after you leave DoD service, please contact me or any ethics counselor in this office at (insert phone number).

Sincerely,



Enclosure(s)



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