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DoD Post-Employment Restrictions and Opinion Request Process

This document outlines the requirements for DoD officials and former officials who expect to receive compensation from a DoD contractor after leaving DoD. It includes a request for a written opinion on post-employment restrictions, a central repository for requests and opinions, and an annual review by the DoD Inspector General.

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DoD Post-Employment Restrictions and Opinion Request Process

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  1. Public Law 110-181, Section 847 Requires…https://www.fdm.army.mil/PM_Reference_Docs/Section847.pdf • That certain DoD officials and former DoD officials who, within two years after leaving DoD, expect to receive compensation from a DoD contractor, shall, before accepting such compensation, request a written opinion regarding the applicability of post-employment restrictions to activities that the official or former official may undertake on behalf of a contractor. • A central repository of the requests and the opinions and retention for six years. • The DoD Inspector General (IG) review and annually report to Congress. • That not later than 30 days after receiving a request by an official or former official of the Department of Defense, the ethics counselor shall provide such official or former official a written opinion regarding the applicability or inapplicability of post-employment restrictions to activities that the official or former official may undertake on behalf of a contractor. • Applies to any DoD employee who participated personally and substantially in an acquisition with a value in excess of $10M and who are now (for current employees) or when they left DoD were in: • (a) an Executive Schedule position; • (b) a Senior Executive Service position; • (c) a general or flag officer position; or • (d) 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.

  2. Routine PGE opinions Section 847 opinions AGEAR is a very narrow scope application used specifically and ONLY for legal opinions required under Section 847. The routine PGE world is much larger.

  3. Web sites: • Opinion requests: https://www.fdm.army.mil/AGEAR (public; no login required). • Ethics Official site to act on the request as assigned: https://www.fdm.army.mil/AGEAREO • (restricted access; login required – same as FDM).

  4. Section 847 Special Process: • Employee goes to AGEAR Request web page. See a short narrated presentation at : https://www.fdm.army.mil/PM_Reference_Docs/Intro847/Intro847.html • Employee reads information and decides to request an opinion. • Provides the information requested on the web site and submits their request; OR • Downloads the DD Form 2945, fills it out and sends it to their ethics counselor at their current or last organization. • On line requestor is provided a confirmation e-mail that their request has been submitted. • The electronic request is stored on a secure server and an e-mail notification is sent to the Agency AGEAR Manager for action.

  5. Initial request submitted to Agency manager. Note “Status” and “Assigned To” info. Agency manager accepts request and forwards to EC.

  6. Example of an E-mail message an EC may receive when a request is forwarded to them for action. Click the link in the e-mail (be sure the ID number is part of the link) to open the AGEAREO web site.

  7. Same as FDM AGEAR login page. You must be registered in FDM to use AGEAR.

  8. Information Tabs Action Bar The Request Detail tab displays. Scroll down or click the section headings on the right to go to that portion of the request.

  9. Click Request More Info button to contact requestor for resume, job description, etc.

  10. Below is the Audit Trail entry…

  11. Click Update to change contact info, if needed.

  12. Click the “Prepare Opinion” button ONLY when all relevant information has been received and you’re ready to work on writing the opinion.

  13. The Status changes and you can now download the opinion template provided.

  14. The status will remain as “Opinion in Progress” until you finish the opinion and send it to the requestor.

  15. Add works as usual attachment method. Click the Attachments tab then the “Add Attachment” button to attach documents to the request. Types of attachments

  16. Note Options Attachment information is displayed with option to View, Replace, or Delete. Once the final opinion is attached, click the Send Opinion and Close button to finish.

  17. TO, CC, and SUBJECT are NOT editable. E-mail content of e-mail to requestor is fully editable. Edit the e-mail text as needed and then click the Send e-Mail and Close button. The opinion is attached to the e-mail and sent to the requestor while an Audit Event is recorded.

  18. The Audit Events displays that the opinion was sent and the request is now closed. Click the Exit this Request button to close the application.

  19. Presentations & Slides Using AGEAR (for ethics counselors): Slides: https://www.fdm.army.mil/PM_Reference_Docs/EOUsingAGEAR.ppt Narrated: https://www.fdm.army.mil/PM_Reference_Docs/AGEAREO/EOUsingAGEAR.html An AGEAR Ethics Counselors Quick Start: https://www.fdm.army.mil/PM_Reference_Docs/EOQuickStart.doc A narrated web site tour (for requestors): https://www.fdm.army.mil/PM_Reference_Docs/Intro847/Intro847.html. Site Help / FAQs: https://www.fdm.army.mil/PM_Reference_Docs/Requestor_Help.pdf.

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