[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR3.104-2]



[Page 44]

 

            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. 3.104-2  General.



    (a) This section implements section 27 of the Office of Federal 

Procurement Policy Act (the Procurement Integrity Act) (41 U.S.C. 423) 

referred to as ``the Act''). Agency supplementation of 3.104, including 

specific definitions to identify individuals who occupy positions 

specified in 3.104-3(d)(1)(ii), and any clauses required by 3.104 must 

be approved by the senior procurement executive of the agency, unless a 

law establishes a higher level of approval for that agency.

    (b) Agency officials are reminded that there are other statutes and 

regulations that deal with the same or related prohibited conduct, for 

example--

    (1) The offer or acceptance of a bribe or gratuity is prohibited by 

18 U.S.C. 201 and 10 U.S.C. 2207. The acceptance of a gift, under 

certain circumstances, is prohibited by 5 U.S.C. 7353 and 5 CFR part 

2635;

    (2) Contacts with an offeror during the conduct of an acquisition 

may constitute ``seeking employment,''(see subpart F of 5 CFR part 2636 

and 3.104-3(c)(2)). Government officers and employees (employees) are 

prohibited by 18 U.S.C. 208 and 5 CFR part 2635 from participating 

personally and substantially in any particular matter that would affect 

the financial interests of any person with whom the employee is seeking 

employment. An employee who engages in negotiations or is otherwise 

seeking employment with an offeror or who has an arrangement concerning 

future employment with an offeror must comply with the applicable 

disqualification requirements of 5 CFR 2635.604 and 2635.606. The 

statutory prohibition in 18 U.S.C. 208 also may require an employee's 

disqualification from participation in the acquisition even if the 

employee's duties may not be considered ``participating personally and 

substantially,'' as this term is defined in 3.104-1;

    (3) Post-employment restrictions are covered by 18 U.S.C. 207 and 5 

CFR parts 2637 and 2641, that prohibit certain activities by former 

Government employees, including representation of a contractor before 

the Government in relation to any contract or other particular matter 

involving specific parties on which the former employee participated 

personally and substantially while employed by the Government. 

Additional restrictions apply to certain senior Government employees and 

for particular matters under an employee's official responsibility;

    (4) Parts 14 and 15 place restrictions on the release of information 

related to procurements and other contractor information that must be 

protected under 18 U.S.C. 1905;

    (5) Release of information both before and after award (see 3.104-4) 

may be prohibited by the Privacy Act (5 U.S.C. 552a), the Trade Secrets 

Act (18 U.S.C. 1905), and other laws; and

    (6) Using nonpublic information to further an employee's private 

interest or that of another and engaging in a financial transaction 

using nonpublic information are prohibited by 5 CFR 2635.703.



[67 FR 13059, Mar. 20, 2002]