FAR 3.104-8 — Criminal and civil penalties, and further administrative remedies
Regulatory text. Not legal advice.
Criminal and civil penalties, and administrative remedies, may apply to conduct that violates 41 U.S.C. chapter 21 (see FAR 3.104-3). See FAR 33.102(f) for special rules regarding bid protests. See FAR 3.104-7 for administrative remedies relating to contracts.
(a)
(a) An official who knowingly fails to comply with the requirements of FAR 3.104-3 is subject to the penalties and administrative action set forth in 41 U.S.C. 2105.
(b)
(b) An offeror who engages in employment discussion with an official subject to the restrictions of FAR 3.104-3, knowing that the official has not complied with FAR 3.104-3(c)(1), is subject to the criminal, civil, or administrative penalties set forth in 41 U.S.C. 2105.
(c)
(c) An official who refuses to terminate employment discussions (see FAR 3.104-5) may be subject to agency administrative actions under 5 CFR 2635.604(d) if the official’s disqualification from participation in a particular procurement interferes substantially with the individual’s ability to perform assigned duties.
Citation history: [67 FR 13059, Mar. 20, 2002, as amended at 79 FR 24196, Apr. 29, 2014]
Source: eCFR • Pulled 2026-04-16