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41 U.S.C. § 2103 — Actions required of procurement officers when contacted regarding non-Federal employment

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2103 — Actions required of procurement officers when contacted regarding non-Federal employment

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) under subsection (b)(1) of that section may be withheld from disclosure to t

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Stable record: federal_law:legal_authorities:record_usc_9e159d85a59996802e9db1fb
Source file: Laws/federal/codes/united-states-code/title-41/section-2103-actions-required-of-procurement-officers-when-contacted-regarding-non-fe--72af2ece23.md
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Source location: Title 41, Chapter 21, § 2103; chapter-021-chapter-21.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2105 — Penalties and administrative actions

**(a) Criminal Penalties.—** A person that violates [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) to exchange information covered by [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) for anything of value or to obtain or give a person a competitive advantage in the award of a Federal agency procurement contract shall be fined under title 18, imprisoned for not more than 5 years, or both. **(b) Civil Penalties.—** The Attorney General may bring a civil action in an appropriate district court of the United States against a person that engages in conduct that violates section 2102, 2103, or 2104 of this title. On proof of that conduct by a preponderance of the evidence— (1) an individual is liable to the Federal Government for a civil penalty of not more than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited conduct; and (2) an organization is liable to the Federal Government for a civil penalty of not more than $500,000 for each violation plus twice the amount of compensation that the organization received or offered for the prohibited conduct. **(c) Administrative Actions.—** (1) **Types of action that federal agency may take.—** — A Federal agency that receives information that a contractor or a person has violated section 2102, 2103, or 2104 of this title shall consider taking one or more of the following actions, as appropriate: (A) Canceling the Federal agency procurement, if a contract has not yet been awarded. (B) Rescinding a contract with respect to which— (i) the contractor or someone acting for the contracto

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 208 — Acts affecting a personal financial interest

**(a)** Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the United States Government, or of any independent agency of the United States, a Federal Reserve bank director, officer, or employee, or an officer or employee of the District of Columbia, including a special Government employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest—Shall be subject to the penalties set forth in [section 216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section216&num=0&edition=prelim). **(b)** Subsection (a) shall not apply— (1) if the officer or employee first advises the Government official responsible for appointment to his or her position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the se

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2103 — Actions required of procurement officers

Page 67 TITLE 41—PUBLIC CONTRACTS § 2103 chance of being selected for award of a con- tract. (H) Rankings of bids, proposals, or com- petitors. (I) Reports and evaluations of source selec- tion panels, boards, or advisory councils. (J) Other information marked as ‘‘source selection information’’ based on a case-by- case determination by the head of the agen- cy, the head’s designee, or the contracting officer that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3727; Pub. L. 117–81, div. A, title XVII, § 1702(h)(10), Dec. 27, 2021, 135 Stat. 2158.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 2101(1) ........ 41:423(f)(5). Pub. L. 93–400, § 27(f), 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. 662. 2101(2) ........ 41:423(f)(1). 2101(3) ........ 41:423(f)(3). 2101(4) ........ 41:423(f)(4). 2101(5) ........ 41:423(f)(7). 2101(6) ........ 41:423(f)(6). 2101(7) ........ 41:423(f)(2). Editorial Notes AMENDMENTS 2021—Par. (2)(A). Pub. L. 117–81 substituted ‘‘section 3701’’ for ‘‘section 2306a(h)’’. § 2102. Prohibitions on disclosing and obtaining procurement information (a) PROHIBITION ON DISCLOSING PROCUREMENT INFORMATION.— (1) IN GENERAL.—Except as provided by law, a person descri

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