Does the right of first refusal granted to A-76 government employees constitute seeking employment?
In procurements conducted under OMB Circular A-76, the Federal Acquisition Regulation requires a clause in the solicitation and the contract that gives government employees who are adversely affected by the award of the contract a right of first refusal for employment under the contract. This right of first refusal, standing alone, is not an employment contact for the purposes of 48 C.F.R. § 3-104-4(c). 7. What is the date of selection? Section 48 C.F.R. § 3.104-8 calculates the period of prohibition from receiving compensation. For employees who serve in a covered position on the date of selection, but not the date of award of the contract, the prohibition begins on the date of selection. At some point after the source selection panel’s recommendation to the Source Selection Authority (SSA), a decision-maker awards the contract. In some cases, especially where the Procuring Contracting Officer (PCO) and the SSA are the same person, the award decision may also be the selection decision
