Can You Propose a Current Government Employee as Key Personnel? Amentum Shows Why the Facts Matter
Government contractors routinely recruit former federal employees for their technical expertise, mission knowledge, and understanding of agency operations. Recruiting someone who is still employed by the procuring agency presents a considerably more difficult question.
GAO confronted that unusual situation in Amentum Services, Inc., B-424562, B-424562.2, publicly released September 22, 2026.
Amentum protested the Defense Logistics Agency’s award of a contract to Olgoonik Logistics for global distribution and disposition support services. Among several protest grounds, Amentum challenged Olgoonik’s proposal of a current DLA employee as key personnel, arguing that the arrangement created at least the appearance of an impermissible conflict of interest. GAO denied the protest.
The facts explain why.
The individual worked for DLA as a hazardous-materials packing team leader in Corpus Christi, Texas, and was proposed by Olgoonik for a disposition-training position. DLA investigated after the issue arose during the protest. The record established that the employee had not participated in developing the requirement, had no role in the procurement, lacked access to competitively useful nonpublic information, and had no relationship with the source-selection personnel.
GAO described the proposal of a current agency employee as key personnel as highly unusual and treated the issue as essentially one of first impression.
The decision nevertheless distinguishes appearance of impropriety in a broad sense from an appearance of a conflict affecting the integrity of the procurement.
GAO concluded that the record did not establish a reasonable possibility that the employee could have influenced the ground rules, evaluation, source selection, or otherwise provided Olgoonik an unfair competitive advantage. The source-selection personnel did not know him, and his current government position was geographically and functionally removed from the procurement.
But the decision should not be read as a general endorsement of recruiting current agency employees.
GAO expressly noted deficiencies in the agency’s investigation concerning the employee’s personal ethics obligations. The record did not establish which post-government or employment-negotiation restrictions applied, whether required disclosures were made, or whether the employee otherwise complied with individual ethical obligations. GAO even drew an adverse inference concerning the possibility of noncompliance, while concluding that any such issue had not created an impermissible procurement conflict on the facts presented.
That distinction is critical for contractors.
Recruiting a current federal employee can implicate several separate questions: Did the employee participate personally and substantially in the procurement? Does the employee possess source-selection or other competitively useful nonpublic information? Has the employee recused from relevant government matters? Have employment negotiations triggered disclosure or disqualification requirements? Are post-government restrictions implicated? And what communications has the contractor had with the employee?
A contingent offer or letter of commitment therefore should not be viewed simply as a recruiting document.
Contractors should establish controls requiring legal or ethics review before engaging current government employees regarding employment connected to federal work. The review should identify the individual’s present duties, involvement in relevant contracts or requirements, information access, required recusals, communications with government personnel, and applicable restrictions.
Amentum demonstrates that proposing a current government employee is not automatically disqualifying.
It also demonstrates why doing so without careful diligence can create a protest issue before the employee ever starts work.
Recommended FedContractPros Product: Ethics & Compliance Builder
The Ethics & Compliance Builder can help contractors establish procedures governing recruiting, procurement integrity, conflicts of interest, employee disclosures, escalation, training, documentation, and review of high-risk interactions involving current and former government personnel.
Disclaimer:
This article is provided for general informational and educational purposes only and does not constitute legal, ethics, employment, or procurement advice. Restrictions applicable to current and former federal employees are highly fact-specific and may involve federal ethics regulations, procurement-integrity requirements, criminal statutes, agency rules, recusals, and post-government employment restrictions. Contractors should obtain qualified legal advice before engaging in potentially sensitive recruiting activity.