Where there's smoke ... who should bear the burden when a competing contractor hires former government employees?

Authors
Citation
Rb. O'Keeffe, Where there's smoke ... who should bear the burden when a competing contractor hires former government employees?, MILIT LAW R, 164, 2000, pp. 1-134
Citations number
56
Categorie Soggetti
Law
Journal title
MILITARY LAW REVIEW
ISSN journal
00264040 → ACNP
Volume
164
Year of publication
2000
Pages
1 - 134
Database
ISI
SICI code
0026-4040(200006)164:<1:WTS.WS>2.0.ZU;2-D
Abstract
The federal government's procurement system should be protected from both t he corrupting influence of actual impropriety, and the corrosive effects of procurements tainted by the appearance of impropriety The current rules governing the hiring of a former government employee who, while he was in government service, had official duties involving a requir ement satisfied by procurement through a contract, by a firm competing for award of such contract, do not adequately protect the integrity of the gove rnment procurement system, or the interests of other contractors. The rules should recognize the full scope of government duties relating to a requirement that could confer an unfair competitive advantage upon the co ntractor employing a former government employee, and they should impose the burden of establishing the propriety of the hiring decision and duty assig nment with regard to the former government employee primarily upon the cont ractor who hired him. Such a regime would best harmonize the government's i nterests in integrity, mission accomplishment, mid competition.