§2103 Actions Required of Procurement Officers When Contacted Regarding Non-federal Employment

Summary

If a government employee who is personally and substantially involved in a procurement for a contract over the simplified acquisition threshold talks with, or is contacted by, a bidder or offeror about possible non‑Federal work, the employee must quickly send a written notice about the contact to their supervisor and to the agency’s designated ethics official (or that official’s designee). The employee must either turn down the job talk or stop working on that procurement until the agency allows them back under section 208 of title 18 and agency rules because either the company is no longer a bidder or the job discussions ended with no employment agreement. The agency must keep each written report for at least 2 years and make them available to the public on request, except for parts that can be withheld under section 552(b)(1) of title 5. Employees who knowingly do not follow these rules, and bidders who knowingly continue job talks knowing the employee failed to comply, can face the penalties and administrative actions in section 2105.