[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR3.104-5]

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            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 3_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST--Table of Contents
 
                         Subpart 3.1_Safeguards
 
Sec.  3.104-5  Disqualification.

    (a) Contacts through agents or other intermediaries. Employment 
contacts between the employee and the offeror, that are conducted 
through agents, or other intermediaries, may require disqualification 
under 3.104-3(c)(1). These contacts may also require disqualification 
under other statutes and regulations. (See 3.104-2(b)(2).)
    (b) Disqualification notice. In addition to submitting the contact 
report required by 3.104-3(c)(1), an agency official who must disqualify 
himself or herself pursuant to 3.104-3(c)(1)(ii) must promptly submit 
written notice of disqualification from further participation in the 
procurement to the contracting officer, the source selection authority 
if other than the contracting officer, and the agency official's 
immediate supervisor. As a minimum, the notice must--
    (1) Identify the procurement;
    (2) Describe the nature of the agency official's participation in 
the procurement and specify the approximate dates or time period of 
participation; and
    (3) Identify the offeror and describe its interest in the 
procurement.
    (c) Resumption of participation in a procurement. (1) The official 
must remain disqualified until such time as the agency, at its sole and 
exclusive discretion, authorizes the official to resume participation in 
the procurement in accordance with 3.104-3(c)(1)(ii).
    (2) After the conditions of 3.104-3(c)(1)(ii)(A) or (B) have been 
met, the head of the contracting activity (HCA), after consultation with 
the agency ethics official, may authorize the disqualified official to 
resume participation in the procurement, or may determine that an 
additional disqualification period is necessary to protect the integrity 
of the procurement process. In determining the disqualification period, 
the HCA must consider any factors that create an appearance that the 
disqualified official acted without complete impartiality in the 
procurement. The HCA's reinstatement decision should be in writing.
    (3) Government officer or employee must also comply with the 
provisions of 18 U.S.C. 208 and 5 CFR part 2635 regarding any resumed 
participation in a procurement matter. Government officer or employee 
may not be reinstated to participate in a procurement matter affecting 
the financial interest of someone with whom the individual is seeking 
employment, unless the individual receives--
    (i) A waiver pursuant to 18 U.S.C. 208(b)(1) or (b)(3); or
    (ii) An authorization in accordance with the requirements of subpart 
F of 5 CFR part 2635.

[67 FR 13059, Mar. 20, 2002]

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