---
kind: "section"
citation: "48 C.F.R. § 3.104-3"
title: "48"
number: "3.104-3"
heading: "Statutory and related prohibitions, restrictions, and requirements."
url: "https://uscodex.org/cfr/48/3.104-3"
---

# §3.104-3. Statutory and related prohibitions, restrictions, and requirements.

- (a) **Prohibition on disclosing procurement information (41 U.S.C. 2102).**
  - (1) A person described in [paragraph (a)(2)](#a-2) of this subsection must not, other than as provided by law, knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates. (See 3.104-4(a).)
  - (2) [Paragraph (a)(1)](#a-1) of this subsection applies to any person who—
    - (i) Is a present or former official of the United States, or a person who is acting or has acted for or on behalf of, or who is advising or has advised the United States with respect to, a Federal agency procurement; and
    - (ii) By virtue of that office, employment, or relationship, has or had access to contractor bid or proposal information or source selection information.
- (b) **Prohibition on obtaining procurement information (41 U.S.C. 2102).** A person must not, other than as provided by law, knowingly obtain contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.
- (c) **Actions required when an agency official contacts or is contacted by an offeror regarding non-Federal employment (41 U.S.C. 2103)—**
  - (1) If an agency official, participating personally and substantially in a Federal agency procurement for a contract in excess of the simplified acquisition threshold, contacts or is contacted by a person who is an offeror in that Federal agency procurement regarding possible non-Federal employment for that official, the official must—
    - (i) Promptly report the contact in writing to the official's supervisor and to the agency ethics official; and
    - (ii) Either reject the possibility of non-Federal employment or disqualify himself or herself from further personal and substantial participation in that Federal agency procurement (see 3.104-5) until such time as the agency authorizes the official to resume participation in that procurement, in accordance with the requirements of [18 U.S.C. 208](/usc/18/208.md) and applicable agency regulations, because—
      - (A) The person is no longer an offeror in that Federal agency procurement; or
      - (B) All discussions with the offeror regarding possible non-Federal employment have terminated without an agreement or arrangement for employment.
  - (2) A contact is any of the actions included as “seeking employment” in [5 CFR 2635.603(b)](/cfr/5/2635.603.md?p=b). In addition, unsolicited communications from offerors regarding possible employment are considered contacts.
  - (3) Agencies must retain reports of employment contacts for 2 years from the date the report was submitted.
  - (4) Conduct that complies with [41 U.S.C. 2103](/usc/41/2103.md) may be prohibited by other criminal statutes and the Standards of Ethical Conduct for Employees of the Executive Branch. See 3.104-2(b)(2).
- (d) **Prohibition on former official's acceptance of compensation from a contractor (41 U.S.C. 2104).**
  - (1) A former official of a Federal agency may not accept compensation from a contractor that has been awarded a competitive or sole source contract, as an employee, officer, director, or consultant of the contractor within a period of 1 year after such former official—
    - (i) Served, at the time of selection of the contractor or the award of a contract to that contractor, as the procuring contracting officer, the source selection authority, a member of a source selection evaluation board, or the chief of a financial or technical evaluation team in a procurement in which that contractor was selected for award of a contract in excess of $10,000,000;
    - (ii) Served as the program manager, deputy program manager, or administrative contracting officer for a contract in excess of $10,000,000 awarded to that contractor; or
    - (iii) **Personally made for the Federal agency a decision to—**
      - (A) Award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order in excess of $10,000,000 to that contractor;
      - (B) Establish overhead or other rates applicable to a contract or contracts for that contractor that are valued in excess of $10,000,000;
      - (C) Approve issuance of a contract payment or payments in excess of $10,000,000 to that contractor; or
      - (D) **Pay or settle a claim in excess of $10,000,000 with that contractor.**
  - (2) **The 1-year prohibition begins on the date—**
    - (i) Of contract award for positions described in [paragraph (d)(1)(i)](#d-1-i) of this subsection, or the date of contractor selection if the official was not serving in the position on the date of award;
    - (ii) The official last served in one of the positions described in [paragraph (d)(1)(ii)](#d-1-ii) of this subsection; or
    - (iii) **The official made one of the decisions described in paragraph (d)(1)(iii) of this subsection.**
  - (3) Nothing in [paragraph (d)(1)](#d-1) of this subsection may be construed to prohibit a former official of a Federal agency from accepting compensation from any division or affiliate of a contractor that does not produce the same or similar products or services as the entity of the contractor that is responsible for the contract referred to in [paragraph (d)(1)](#d-1) of this subsection.

## Notes

### Amendments

[67 FR 13059, Mar. 20, 2002, as amended at 79 FR 24196, Apr. 29, 2014; 84 FR 19840, May 6, 2019]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42108, Sept. 19, 1983, unless otherwise noted.

### Amendments

[67 FR 13059, Mar. 20, 2002, as amended at 79 FR 24196, Apr. 29, 2014; 84 FR 19840, May 6, 2019]