[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(d)]

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            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.

(d) Prohibition on former official's acceptance of compensation from 
a contractor (subsection 27(d) of the Act).
    (1) A former official of a Federal agency may not accept 
compensation

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from a contractor as an employee, officer, director, or consultant of 
the contractor within a period of one 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) A decision to 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) A decision to establish overhead or other rates applicable to a 
contract or contracts for that contractor that are valued in excess of 
$10,000,000;
    (C) A decision to approve issuance of a contract payment or payments 
in excess of $10,000,000 to that contractor; or
    (D) A decision to pay or settle a claim in excess of $10,000,000 
with that contractor.
    (2) Nothing in paragraph (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) of this subsection.

[62 FR 228, Jan. 2, 1997]