A-76 Update: Military, DoD civilians must follow rules when applying for government contractor position

  • Published
  • By Sheppard Legal Office
SHEPPARD AIR FORCE BASE, Texas --  Significant changes are coming to the way Sheppard Air Force Base's civil engineering function operates. 

Pursuant to a study under the Office of Management and Budget Circular A-76, Defense Support Services was recently chosen to take over certain operations currently provided by the 82nd Civil Engineer Squadron. It's important for military and civil service employees to understand the rules for current government employees who are contemplating applying for a position with Defense Support Services or any other government contractor. 

The status of current CE personnel will affect the process when applying for a job with a government contractor. Please be aware that there are significantly different rules depending on whether you are an enlisted member, an officer or civilian employee. 

Enlisted members
Sheppard enlisted personnel who are retired or on terminal leave and have a properly staffed and signed off-duty employment form may accept employment with the Government contractor, to include Defense Support Services. The job may include duties being performed on Sheppard. These rules apply to enlisted members whether they are separating or retiring from government service. 

Officers and civilian members
Officers and civil service employees operate under a different set of rules than enlisted members when it comes to employment with a government contractor. Specifically, federal law (10 USC § 203 and § 205) prohibits military officers and civil service members from representing their new employer to the government. 

Enlisted members are not subject to these provisions. 

Both statutes contain criminal penalties and cannot be waived. In almost every case, this precludes the officer or employee from appearing in the federal workplace on behalf of the contractor. This prohibition continues until the officer or civilian employee has retired from active duty or civil service. Being on terminal leave status is not sufficient, the member must be fully retired before he or she may work for the contractor on a federal installation. 

With respect to the current A-76 study, officers and civilian employees who want to work for Defense Support Services must first retire, resign, or otherwise terminate their employment with the government before beginning work at Sheppard. You may, however, accept employment with the company while in terminal leave status as long as your work does not involve coming onto Sheppard. 

These rules are complex. For example, the Procurement Integrity Act prohibits a member of the Sheppard Source Selection Team from accepting compensation from Defense Support Services for one year. 

Individuals who have questions about whether they may work for a defense contractor are encouraged to contact the base legal office at (940) 676-4262.