[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: 48CFR3.601]



[Page 55]

 

            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 3.6_Contracts With Government Employees or Organizations Owned 

                          or Controlled by Them

 

Sec. 3.601  Policy.





    (a) Except as specified in 3.602, a contracting officer shall not 

knowingly award a contract to a Government employee or to a business 

concern or other organization owned or substantially owned or controlled 

by one or more Government employees. This policy is intended to avoid 

any conflict of interest that might arise between the employees' 

interests and their Government duties, and to avoid the appearance of 

favoritism or preferential treatment by the Government toward its 

employees.

    (b) For purposes of this subpart, special Government employees (as 

defined in 18 U.S.C. 202) performing services as experts, advisors, or 

consultants, or as members of advisory committees, are not considered 

Government employees unless--

    (1) The contract arises directly out of the individual's activity as 

a special Government employee;

    (2) In the individual's capacity as a special Government employee, 

the individual is in a position to influence the award of the contract; 

or

    (3) Another conflict of interest is determined to exist.



[55 FR 34864, Aug. 24, 1990]