[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: 48CFR3.104-8]



[Page 49]

 

            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. 3.104-8  Criminal and civil penalties, and further administrative remedies.



    Criminal and civil penalties, and administrative remedies, may apply 

to conduct that violates the Act (see 3.104-3). See 33.102(f) for 

special rules regarding bid protests. See 3.104-7 for administrative 

remedies relating to contracts.

    (a) An official who knowingly fails to comply with the requirements 

of 3.104-3 is subject to the penalties and administrative action set 

forth in subsection 27(e) of the Act.

    (b) An offeror who engages in employment discussion with an official 

subject to the restrictions of 3.104-3, knowing that the official has 

not complied with 3.104-3(c)(1), is subject to the criminal, civil, or 

administrative penalties set forth in subsection 27(e) of the Act.

    (c) An official who refuses to terminate employment discussions (see 

3.104-5) may be subject to agency administrative actions under 5 CFR 

2635.604(d) if the official's disqualification from participation in a 

particular procurement interferes substantially with the individual's 

ability to perform assigned duties.



[67 FR 13059, Mar. 20, 2002]