§2104 — Title 41 Public Contracts | U.S. Code

Summary

Former federal officials cannot take a job or pay from a contractor for one year after they were directly involved with a big contract worth more than $10,000,000. That includes people who helped pick or award the contract, ran or supervised the contract, or who personally decided to award the work, set billing rates, approve big payments, or settle big claims for the agency. An official can take pay from a different division or affiliate if that part does not make the same or similar products or services as the part that handled the contract. Agencies must create rules so current or former officials can ask their ethics official whether the rule blocks a particular job offer. A former official who knowingly breaks the rule, and any contractor who knowingly pays them, can face the penalties and actions listed in section 2105.

Title 41, §2104

Public Contracts — Source: USLM XML via OLRC

(a)A former official of a Federal agency may not accept compensation from a contractor as an employee, officer, director, or consultant of the contractor within one year after the official—

(1)served, when the contractor was selected or awarded a contract, as the procuring contracting officer, the source selection authority, a member of the 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;

(2)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

(3)personally made for the Federal agency a decision to—

(A)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)establish overhead or other rates applicable to one or more contracts for that contractor that are valued in excess of $10,000,000;

(C)approve issuance of one or more contract payments in excess of $10,000,000 to that contractor; or

(D)pay or settle a claim in excess of $10,000,000 with that contractor.

(b)Subsection (a) does not prohibit a former official of a Federal agency from accepting compensation from a 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 (1), (2), or (3) of subsection (a).

(c)Regulations implementing this section shall include procedures for an official or former official of a Federal agency to request advice from the appropriate designated agency ethics official regarding whether the official or former official is or would be precluded by this section from accepting compensation from a particular contractor.

(d)The following are subject to the penalties and administrative actions set forth in section 2105 of this title:

(1)A former official who knowingly accepts compensation in violation of this section.

(2)A contractor that provides compensation to a former official knowing that the official accepts the compensation in violation of this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2104(a)41:423(d)(1).Pub. L. 93–400, § 27(d), 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. 2104(b)41:423(d)(2). 2104(c)41:423(d)(5). 2104(d)41:423(d)(3), (4).

§2104 Prohibition on Former Official’s Acceptance of Compensation From Contractor

Summary

Title 41, §2104

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata