[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: 48CFR3.104-6]

[Page 47]
 
            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.  3.104-6  Ethics advisory opinions regarding prohibitions on a former 
official's acceptance of compensation from a contractor.

    (a) An official or former official of a Federal agency who does not 
know whether he or she is or would be precluded by subsection 27(d) of 
the Act (see 3.104-3(d)) from accepting compensation from a particular 
contractor may request advice from the appropriate agency ethics 
official before accepting such compensation.
    (b) The request for an advisory opinion must be in writing, include 
all relevant information reasonably available to the official or former 
official, and be dated and signed. The request must include information 
about the--
    (1) Procurement(s), or decision(s) on matters under 3.104-
3(d)(1)(iii), involving the particular contractor, in which the 
individual was or is involved, including contract or solicitation 
numbers, dates of solicitation or award, a description of the supplies 
or services procured or to be procured, and contract amount;
    (2) Individual's participation in the procurement or decision, 
including the dates or time periods of that participation, and the 
nature of the individual's duties, responsibilities, or actions; and
    (3) Contractor, including a description of the products or services 
produced by the division or affiliate of the contractor from whom the 
individual proposes to accept compensation.
    (c) Within 30 days after receipt of a request containing complete 
information, or as soon thereafter as practicable, the agency ethics 
official should issue an opinion on whether the proposed conduct would 
violate subsection 27(d) of the Act.
    (d)(1) If complete information is not included in the request, the 
agency ethics official may ask the requester to provide more information 
or request information from other persons, including the source 
selection authority, the contracting officer, or the requester's 
immediate supervisor.
    (2) In issuing an opinion, the agency ethics official may rely upon 
the accuracy of information furnished by the requester or other agency 
sources, unless he or she has reason to believe that the information is 
fraudulent, misleading, or otherwise incorrect.
    (3) If the requester is advised in a written opinion by the agency 
ethics official that the requester may accept compensation from a 
particular contractor, and accepts such compensation in good faith 
reliance on that advisory opinion, then neither the requester nor the 
contractor will be found to have knowingly violated subsection 27(d) of 
the Act. If the requester or the contractor has actual knowledge or 
reason to believe that the opinion is based upon fraudulent, misleading, 
or otherwise incorrect information, their reliance upon the opinion will 
not be deemed to be in good faith.

[67 FR 13059, Mar. 20, 2002]