---
kind: "section"
citation: "41 U.S.C. § 2103"
title: "41"
title_heading: "Public Contracts"
number: "2103"
heading: "Actions required of procurement officers when contacted regarding non-Federal employment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/2103"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 21 — Restrictions on Obtaining and Disclosing Certain Information"
---

# §2103. Actions required of procurement officers when contacted regarding non-Federal employment

- (a) **Actions Required.—** An agency [official](/usc/41/2101.md?p=5) participating personally and substantially in a [Federal agency procurement](/usc/41/2101.md?p=4) 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](/usc/41/2101.md?p=4) regarding possible non-Federal employment for that [official](/usc/41/2101.md?p=5) shall—
  - (1) promptly report the contact in writing to the [official](/usc/41/2101.md?p=5)’s supervisor and to the designated agency ethics [official](/usc/41/2101.md?p=5) (or designee) of the agency in which the [official](/usc/41/2101.md?p=5) 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](/usc/41/2101.md?p=4) until the agency authorizes the [official](/usc/41/2101.md?p=5) to resume participation in the procurement, in accordance with the requirements of [section 208 of title 18](/usc/18/208.md) and applicable agency regulations on the grounds that—
      - (i) the person is no longer a bidder or offeror in that [Federal agency procurement](/usc/41/2101.md?p=4); 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](/usc/5/552.md) under [subsection (b)(1)](/usc/5/552.md?p=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](/usc/41/2105.md):
  - (1) An [official](/usc/41/2101.md?p=5) who knowingly fails to comply with the requirements of this section.
  - (2) A bidder or offeror that engages in employment discussions with an [official](/usc/41/2101.md?p=5) who is subject to the restrictions of this section, knowing that the [official](/usc/41/2101.md?p=5) has not complied with paragraph [(1)](#a-1) or [(2)](#a-2) of subsection (a).

## Source credit

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

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 2103(a) | 41:423(c)(1). | Pub. L. 93–400, § 27(c), as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; Pub. L. 101–189, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495; Pub. L. 101–510, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 660. |
| 2103(b) | 41:423(c)(2). |  |
| 2103(c) | 41:423(c)(3), (4). |  |