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Military, civilian, contractors work for Air Force together

  • Published
  • By Capt. Scott Hodges
  • 20th Fighter Wing Legal Office
The number of government contract employees on Air Force bases in general, and Shaw in particular, has grown steadily during the past few years. There are now more contractor employees than government employees within the Department of Defense. 

Contractors no longer reside in isolated work locations interacting only with their quality assurance evaluators and the contracting officer. They now also work side by side with Air Force military and civilian personnel. Because there are more contractor employees, many legal concerns can arise. These concerns include gifts, post-government employment and supervision of contractor employees. 

A gift from a contractor employee to an Air Force employee must be analyzed as a gift from a prohibited source. Therefore, Air Force employees may not solicit gifts from contractor employees. Air Force employees also may not accept gifts from contractor employees unless it meets certain exemption criteria. The primary exception is that the gift is worth less than $20 per occasion (not exceeding $50 worth of gifts in the same year). In addition, DOD employees may not solicit contractor employees for charity, even if they are all off duty. 

There are two primary concerns with regard to contractors and post-government employment. First, any DOD employee involved with an acquisition is strictly prohibited from having employment discussions with any prospective contractor during the acquisition, and must report any employment offers to the base staff judge advocate. Second, DOD employees may not participate personally and substantially on a matter that can affect a contractor if they are negotiating for employment with that contractor. If a government employee does not immediately reject any employment offer from a contractor, then the government employee must cease working with that contractor. 

Another consideration regarding personal relationships with contractor personnel is that they are regulated by AFI 36-2909, Professional and Unprofessional Relationships. Military members must maintain professional relationships with contractor personnel. 

Only contracting officers have the authority to obligate the government and to modify existing contract requirements. In those situations where government employees interact with contractor employees, oversight must be limited. Except in those rare cases where a contract is legally awarded for personal services, the contract alone dictates performance requirements. 

Government employees cannot: directly supervise contractor employees; stipulate contractor duty hours, except for that directed in the contract; require contractor employees to report to government personnel; maintain contractor personnel records and or time cards; approve leave for contractor personnel; approve bonuses for contractor personnel, or develop duty rosters including names of contractors. 

In addition to violating Federal Acquisition Regulation requirements, a government employee that exerts “relatively continuous supervision and control” over a contractor employee also risks creating an unauthorized commitment. Disciplinary action could result. 

By keeping these basic legal and ethical principles in mind, and the legal and contracting phone numbers nearby, everyone can continue working together for the good of the Air Force.