[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: 48CFR3.104-6]



[Page 47-48]

 

            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--



[[Page 48]]



    (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]