You were a state employee until 1979. You are now a marketing representative for Inc., a firm which provides a particular type of services. Your duties involve seeking out sources of new business, preparing proposals and managing specific project assignments.
You ask whether you may respond to requests for proposals (RFP's) and otherwise solicit business from Massachusetts state agencies without violating the conflict of interest law, General Laws chapter 268A.
In rendering this opinion, the Commission has been guided by, and will continue to follow for the near future, the interpretations and opinions of the Attorney General issued prior to November 1, 1978, the effective date of the Commission's jurisdiction over Chapter 268A. As a former state employee, you are subject to § 5 of Chapter 268A. § 5(a) prohibits you from receiving compensation from, or acting as the agent of, Inc. in connection with any particular matter in which the Commonwealth or a state agency is a party or has a direct and substantial interest and in which you participated as a state employee. "Particular matter" as defined in § 1(k) includes contracts. The Attorney General has held that an RFP is an integral part of a contract and, therefore, you would be prohibited from assisting Inc., in responding to an RFP if you had participated in developing either the contract or the RFP. See Attorney General Conflict Opinions No. 706, 846.
Section 5(b) prohibits you from appearing for one year before any state agency on behalf of Inc., in connection with any particular matter which was within your official responsibility as a state employee during the two years prior to the termination of your service. "Official responsibility" is defined in § 1(i) as "the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and whether personal or through subordinates, to approve, disapprove or otherwise direct agency action". This section prohibits you until 1980, from participating in meetings and negotiating sessions with, or personal appearances before, any state agency in connection with contracts, RFPs, or other matters which were within your official responsibility after 1977. See Attorney General Conflict Opinion No. 846.
In rendering this opinion, the Commission has relied on the facts as you have stated them and has not conducted any independent investigation of those facts. If in the future you have any questions regarding the application of the prohibitions of the conflict of interest law to a specific contract or RFP, you should feel free to request another opinion from the Commission.
End Of Decision
