The following areas of inquiry assist a contractor in obtaining the information needed
to ensure compliance with the federal conflict-of-interest laws. These three areas are
generally grouped as follows: (1) questions concerning the individual’s
responsibilities while employed by the government; (2) questions concerning the
contractor’s process and decision to hire the individual; and (3) questions
concerning the individual’s anticipated responsibilities during his or her employment
with the contractor.
Questions Concerning the Individual’s Responsibilities while Employed by the GovernmentObtain the individual’s job title(s) and a general description of responsibilities.
Verify the date of separation from the government, and reasons for separation.
How many years of service?
Did the individual hold a security clearance? If so, what level? Was a clearance ever
denied or revoked? If so, why?
Involvement in similar/predecessor procurements.
Explain the extent to which the individual had contact with the contractor while
employed by the government (e.g., procurement program(s), date(s)).
The individual’s involvement in procurement processes.
Has the individual been employed elsewhere since his separation from the government? If
so, provide the employer, job title and responsibilities for each position held.
Questions Concerning the Contractor’s Process and Decision to Hire the Individual
How and when did the contractor learn of the individual’s possible availability for
employment?
Explain the sequence of events leading to the opening of employment discussions with the
individual.
What possible job position(s), title(s), and responsibilities and/or assignments did the
contractor discuss with the individual? What special skills, talent or experience does the individual offer to the contractor?
Questions Concerning the Individual’s Anticipated Employment Responsibilities for
the Contractor
What position(s) and title(s) will the individual hold with the contractor? Explain the individual’s salary/pay structure. Describe the individual’s anticipated job responsibilities with the contractor.
Questions Concerning the Individual’s Responsibilities while Employed by the Government
- What procurements and/or programs was the individual involved in?
- What was the individual’s level of responsibility in each of these procurements and/or programs?
- Explain the extent to which the individual was personally involved in each of these procurements and/or programs.
- Specify the procurements and/or programs for which the individual had official responsibility.
- Explain the extent to which the individual attended any meetings in whatever capacity in each procurement and/or program.
- Specify the procurements in which the individual exercised decision-making responsibilities.
- Specify the procurements in which the individual drafted and/or signed procurement related documents (including “approvals” or “concurrences”).
- Identify and describe each procurement in which the individual performed any function relating to: negotiation, award, administration, or approval of a contract or subcontract; quality assurance, operational and development testing, the approval of payment, or auditing under a contract; or the management of a procurement program.
- Specify in which of these procurements and/or programs the individual considers (or considered) himself or herself to have been personally and substantially involved. Also specify those procurements in which the individual exercised official responsibility.
- For each procurement the individual was involved in, explain the extent to which the individual was aware of or had knowledge of procurement sensitive information (e.g., aware of offerors’ proposals, source selection plan, proposal evaluations).
- For each procurement the individual was involved in, explain the extent to which the individual had access to non-public proprietary or source selection documents (e.g., access to offerors’ proposals, source selection plan, proposal evaluations).
- Do any of these relate to procurements and/or programs which the individual had any contact/connection with while employed by the government?
- Will the individual be a consultant?
- Will the individual participate in profit sharing?
- Name and describe each job or task in which the individual will participate.
- List each contact the individual has had with an officer/employee of DoD, especially
regarding:
selling, contracting, or negotiating to sell;
contacting an officer/employee of DoD to discuss changes in specifications, price, schedule, cost allowances, or other terms;
presenting a contract or claim or other matter on behalf of the contractor;
social contacts; and
any other liaison or representational activity.
- Explain the extent to which the individual has had or will have involvement, either directly or indirectly, with the contractor’s proposal writers.
- Explain the extent to which the individual will be involved in the contractor’s
proposal drafting efforts regarding:
technical volumes of proposals.
management volumes of proposals.
cost volumes of proposals.
- Explain the extent to which the individual has been or will be involved in the contractor’s government contract performance efforts.
- Explain the steps that will be taken, if any, to restrict the individual’s indirect involvement with procurements to which he was connected during government service.
- Explain the steps that will be taken, if any, to restrict the individual’s contact/communications with his former colleagues at the government, especially regarding:
selling, contracting, or negotiating to sell;
contacting an officer/employee of DoD to discuss changes in specifications, price, schedule, cost allowances, or other terms;
presenting a contract or claim or other matter on behalf of the contractor;
social contacts; and
any other liaison or representational activity.