Title 41Public ContractsRelease 119-73

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

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 21— - RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION › § 2103

Last updated Apr 6, 2026|Official source

Summary

If a federal worker who is personally and substantially involved in a government contract worth more than the simplified acquisition threshold talks with, or is contacted by, a company bidding for that contract about a possible job outside the government, the worker must quickly put the contact in writing and give it to their supervisor and the agency ethics official. The worker must either say no to the job talks or stop working on that contract until the agency says they may return. They can only resume if the company is no longer a bidder or if all talks ended with no job agreement. The agency must keep each written report for at least 2 years and must make the reports available to the public on request, except for parts exempt under section 552 of title 5, subsection (b)(1). Officials who knowingly break these rules, and bidders who knowingly hold job talks with officials who have not complied with paragraph (1) or (2) of subsection (a), can face the penalties in section 2105 of this title.

Full Legal Text

Title 41, §2103

Public Contracts — Source: USLM XML via OLRC

(a)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 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)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 under subsection (b)(1) of that section may be withheld from disclosure to the public.
(c)The following are subject to the penalties and administrative actions set forth in section 2105 of this title:
(1)An official who knowingly fails to comply with the requirements of this section.
(2)A bidder or offeror that engages in employment discussions with an official who is subject to the restrictions of this section, knowing that the official has not complied with paragraph (1) or (2) of subsection (a).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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).

Reference

Citations & Metadata

Citation

41 U.S.C. § 2103

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73