A/2003 15:45 18316562399 PAGE 02/02

5370
SerOOC/095
18 Sept. 2003

MEMORANDUM

From: Command Ethics Counselor

To: Provost, Code 01

Subj: REQUEST TO ENGAGE IN OUTSIDE EMPLOYMENT - DAVID TUCKER

Ref: (a) Associate Professor David Tucker's application of September 3, 2003

(b) DoD Dir 5500.7-R (Joint Ethics Regulation)
(c) 48 CFR Subpart 3.6, Contracts with Government Employees

1. I have received and reviewed reference (a). Based upon the information provided in
reference (a), that David Tucker, Associate Professor in the Defense Analysis Department, will
be employed as a Consultant by the National Commission on the Terrorist Attacks upon the
United States to prepare a monograph for the Commission covering U.S. counterterroism policy
from 1983 -1998, for one day per week. Since the "National Commission on Terrorist Attacks
upon the United States" is a federal agency, I opine that the planned activities are not permitted.
Reference (b), at Section 5-402, prohibits contracting for the procurement of goods and services
between the Federal Govemment and its employees, unless the needs of the Federal Government
cannot otherwise be met (emphasis added). In addition, reference (c), at 3.601, provides that a
Contracting Office shall not award a contract to a Govemment employee. That policy is
intended to avoid the appearance of favoritism or preferential treatment by the Government
toward its employees. There are provisions in reference (c), however, where the Aagency head
or a designee@ may authorize an exception to the policy in 3.601 Aonly if there is a most
compelling reason to do so, such as when the Government=s needs cannot reasonably be
otherwise met© (Reference (c), 3.602).

2. If the National Commission on the Terrorist Attacks upon the United States should determine
that it cannot obtain any other consultants to perform the services in question, then that agency
needs to comply with the waiver provisions set forth in references (b) and (c) in order to hire
David Tucker on a contract basis.

3. I recommend that you disapprove the request for outside employment as it is contrary to
federal regulations.

4. If you have any questions, please call me at (831) 656-3356 or DSN 756-3356.

Very respectfully,

D. E. LINCOLN