Actions required of procurement officers when contacted regarding non-Federal employment

41 U.S.C. § 2103

• Title: 41 — Public Contracts
• Chapter: 21 — RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION

Text

(a) Actions Required.—An agency official participating personally and substantially in a Federal agency procurement for a contract in excess of the simplified acquisition threshold who contacts or is contacted by a person that is a bidder or offeror in that Federal agency procurement regarding possible non-Federal employment for that official shall—
(1) promptly report the contact in writing to the official's supervisor and to the designated agency ethics official (or designee) of the agency in which the official is employed; and
(2)(A) reject the possibility of non-Federal employment; or
(B) disqualify himself or herself from further personal and substantial participation in that Federal agency procurement until the agency authorizes the official to resume participation in the procurement, in accordance with the requirements of section 208 of title 18 and applicable agency regulations on the grounds that—
(i) the person is no longer a bidder or offeror in that Federal agency procurement; or
(ii) all discussions with the bidder or offeror regarding possible non-Federal employment have terminated without an agreement or arrangement for employment.
(b) Retention of Reports.—The agency shall retain each report required by this section for not less than 2 years following the submission of the report. The reports shall be made available to the public on request, except that any part of a report that is exempt from the disclosure requirements of section 552 of title 5 under subsection (b)(1) of that section may be withheld from disclosure to the public.
(c) Persons Subject to Penalties.—The following are subject to the penalties and administrative actions set forth in section 2105 of this title:
(1) An official who knowingly fails to comply with the requirements of this section.
(2) A bidder or offeror that engages in employment discussions with an official who is subject to the restrictions of this section, knowing that the official has not complied with paragraph (1) or (2) of subsection (a).

History

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3728.)