U.S. Code » Title 41 » Subtitle Subtitle I— Federal Procurement Policy › Division Division B— Office of Federal Procurement Policy › Chapter CHAPTER 21— RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION

41 U.S.C. § 2104

Prohibition on former official’s acceptance of compensation from contractor

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(a)Prohibition.—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)When Compensation May Be Accepted.—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)Implementing Regulations.—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)Persons Subject to Penalties.—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.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3729.)

Historical and Revision Notes

Revised

Section

Source (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).

Notes of Decisions
Cited in 3 cases, 2013–2020 · leading case: Marsteller ex rel. United States v. Tilton, 880 F.3d 1302 (11th Cir. 2018).
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Marsteller ex rel. United States v. Tilton, 880 F.3d 1302 (11th Cir. 2018). “It appears that the MD employees were concerned about the provisions of federal ethics laws applying to procurement officials and post-government employment with contractors, See generally 41 U.S.C. § 2104 . . R.57 at 29,11 66. . Subsequent to the filing of the complaint, Col.”
Command Mgmt. Servs., Inc. v. United States, 111 Fed. Cl. 279 (Fed. Cl. 2013). “Murray was not prohibited by the Procurement Integrity Act, 41 U.S.C. § 2104 , from accepting compensation from a contractor after his retirement from active service); AR Tab 57 at 2625 (Sept.”
CLC Constr. Co. (A.S.B.C.A. 2020). “41 U.S.C. §§ 2104 (d)(2), 2105(c)(1)(B)(ii).”
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