[Code of Federal Regulations] [Title 48, Volume 1, Chapter 1 Parts 1-51] [Revised as of October 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 48 CFR 3.104-4(c) & 104-6] [Page 30] TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM CHAPTER 1--FEDERAL ACQUISITION REGULATION PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST Subpart 3.1--Safeguards Sec. 3.104-4 Statutory and related prohibitions, restrictions, and requirements. (c) Actions required of agency officials when contacted by offerors regarding non-Federal employment (subsection 27(c of the Act). If an agency official who is 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 a bidder or offeror in that Federal agency procurement regarding possible non-Federal employment for that official, the 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)(i) Reject the possibility of non-Federal employment; or (ii) Disqualify himself or herself from further personal and substantial participation in that Federal agency procurement (see 3.104- 6) until such time as the agency has authorized the official to resume participation in such procurement, in accordance with the requirements of 18 U.S.C. 208 and applicable agency regulations, on the grounds that-- (A) The person is no longer a bidder or offeror in that Federal agency procurement; or (B) All discussions with the bidder or offeror regarding possible non-Federal employment have terminated without an agreement or arrangement for employment. [Intervening text] Sec. 3.104-6 Disqualification. (a) Contacts through agents. Disqualification pursuant to 3.104- 4(c)(2) may be required even where contacts are through an agent or other intermediary of the agency official or an agent or other intermediary of a bidder or offeror. See 18 U.S.C. 208 and 5 CFR 2635.603(c). (b) Disqualification notice. In addition to submitting the contact report required by 3.104-4(c)(1), an agency official who must disqualify himself or herself pursuant to 3.104-4(c)(2)(ii) shall promptly submit to the head of the contracting activity (HCA), or designee, a written notice of disqualification from further participation in the procurement. Concurrent copies of the notice shall be submitted to the contracting officer, the source selection authority if the contracting officer is not the source selection authority, and the agency official's immediate supervisor. As a minimum, the notice shall-- (1) Identify the procurement; (2) Describe the nature of the agency official's participation in the procurement and specify the approximate dates or time period of participation; and (3) Identify the bidder or offeror and describe its interest in the procurement. (c) Resumption of participation in a procurement. (1) The individual shall remain disqualified until such time as [[Page 33]] the agency has authorized the official to resume participation in the procurement in accordance with 3.104-4(c)(2)(ii). (2) Subsequent to a period of disqualification, if an agency wishes to reinstate the agency official to participation in the procurement, the HCA or designee may authorize immediate reinstatement or may authorize reinstatement following whatever additional period of disqualification the HCA determines is necessary to ensure the integrity of the procurement process. In determining that any additional period of disqualification is necessary, the HCA or designee shall consider any factors that might give rise to an appearance that the agency official acted without complete impartiality with respect to issues involved in the procurement. The HCA or designee shall consult with the agency ethics official in making a determination to reinstate an official. Decisions to reinstate an employee should be in writing. It is within the discretion of the HCA, or designee, to determine that the agency official shall not be reinstated to participation in the procurement. (3) An employee must comply with the provisions of 18 U.S.C. 208 and 5 CFR part 2635 regarding any resumed participation in a procurement matter. An employee may not be reinstated to participate in a procurement matter affecting the financial interest of someone with whom he or she is seeking employment, unless he or she receives a waiver pursuant to 18 U.S.C. 208(b)(1) or (b)(3) or an authorization in accordance with the requirements of 5 CFR part 2635, as appropriate. [62 FR 230, Jan. 2, 1997]