Title 41, Public ContractsRelease 119-110

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

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

Last updated Sep 22, 2026|Official source

Summary

If a government worker who is directly involved in a contract worth more than the simplified acquisition threshold talks with or is contacted by a bidder about a possible non‑Federal job, the worker must quickly write a report about the contact to their supervisor and to the agency ethics official. The worker must then either refuse the job talk or step away from working on that contract until the agency says it is OK to return. The agency can allow return only if the bidder is no longer trying to win the contract or the job talks ended with no job arranged. The agency must keep each report for at least 2 years and must make the reports public on request, except for parts that are exempt under section 552(b)(1) of title 5. A worker who knowingly fails to follow these rules, and a bidder who talks with a worker knowing the worker did not follow these rules, can face penalties and administrative action.

Full Legal Text

Title 41, §2103

Public Contracts, Source: USLM XML via OLRC

(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 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 under subsection (b)(1) of that section may be withheld from disclosure to the public.
(c)Persons Subject to Penalties.—
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 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110