FAR 3.104-2—General.
Plain-English Summary
FAR 3.104-2 is the general policy section for the procurement integrity rules in FAR 3.104, which implement 41 U.S.C. chapter 21 on restrictions on obtaining and disclosing certain information. It explains that agency supplements to FAR 3.104, including any agency-specific definitions used to identify covered positions under 3.104-3(d)(1)(ii), and any clauses required by this subpart must be approved by the agency’s senior procurement executive unless a higher level of approval is required by law. The section also serves as a reminder that procurement integrity is not governed by FAR alone: it points contracting officials to related criminal, ethics, post-employment, and information-protection statutes and regulations. Those include bribery and gratuity prohibitions, gift rules, seeking-employment conflicts, disqualification requirements, post-employment restrictions, procurement information disclosure limits, Privacy Act and Trade Secrets Act protections, and rules against misuse of nonpublic information. In practice, this section tells agencies to control their own supplements carefully and tells acquisition personnel that procurement integrity problems can arise from ethics, criminal, and disclosure issues before award, during source selection, and after award.
Key Rules
Agency supplements need approval
Any agency supplementation of FAR 3.104, including definitions used to identify covered positions and any required clauses, must be approved by the senior procurement executive unless a statute requires a higher approval level. This keeps agencies from creating inconsistent or unauthorized procurement integrity rules.
Bribery and gratuities are barred
Offering or accepting bribes or gratuities is prohibited by criminal law and related ethics rules. Acquisition personnel must avoid any conduct that could be viewed as corrupt influence or improper inducement.
Seeking employment can create conflicts
Contacts with an offeror during an acquisition may amount to seeking employment, triggering ethics restrictions and possible disqualification. Employees must follow the applicable recusal rules if they are negotiating for future employment or have an employment arrangement with an offeror.
Post-employment limits continue after departure
Former Government employees may be restricted from representing contractors or otherwise acting on matters they worked on while in Government, especially in specific-party matters. Additional restrictions apply to certain senior employees and matters under official responsibility.
Procurement information must be protected
Parts 14 and 15 restrict release of procurement-related information and contractor information protected by law, including information covered by 18 U.S.C. 1905. Information cannot be disclosed simply because it is useful or requested during an acquisition.
Privacy and trade secret laws still apply
Release of information before or after award may be prohibited by the Privacy Act, the Trade Secrets Act, and other laws. The procurement integrity rules do not override these separate confidentiality protections.
Nonpublic information cannot be misused
Employees may not use nonpublic information to further their own private interests or those of others, and they may not engage in financial transactions using such information. This covers misuse of inside information gained through Government service.
Responsibilities
Agency
Ensure any supplementation of FAR 3.104 is properly approved by the senior procurement executive, unless a higher approval is required by law. Agencies must also align their procurement integrity policies with related ethics, criminal, privacy, and disclosure laws.
Senior Procurement Executive
Review and approve agency supplements to FAR 3.104, including agency-specific definitions and required clauses, unless another law requires approval at a higher level. This role helps ensure agency rules are consistent with the FAR and applicable statutes.
Contracting Officer
Protect procurement information, avoid unauthorized disclosures, and recognize when ethics or post-employment issues may affect participants in an acquisition. The contracting officer should also ensure source selection and communications practices do not create procurement integrity violations.
Government Employee / Acquisition Official
Avoid bribery, gratuities, improper gifts, conflicts arising from seeking employment, and misuse of nonpublic information. Employees must recuse themselves when required and comply with post-employment restrictions after leaving Government service.
Former Government Employee
Observe post-employment restrictions before representing contractors or otherwise participating in matters involving specific parties on which they worked or had official responsibility. Former employees must also comply with any additional restrictions applicable to senior personnel.
Offeror / Contractor
Avoid offering improper gifts, bribes, or other inducements to Government personnel and do not seek or use nonpublic procurement information improperly. Contractors should also be alert to restrictions on communications with Government employees who may be disqualified or recused.
Practical Implications
This section is a warning that procurement integrity is broader than one FAR subpart; contracting teams must think about ethics, criminal law, privacy, and post-employment rules together.
A common pitfall is assuming that casual conversations, networking, or job discussions with offerors are harmless; they can trigger disqualification and conflict-of-interest issues.
Another frequent problem is over-disclosure of source selection or contractor information, especially during discussions, debriefings, protests, or internal coordination.
Agencies should be careful when drafting local supplements or clauses because unauthorized additions can create inconsistent requirements and approval problems.
Contractors should train employees who interact with Government personnel to avoid gifts, improper contacts, and use of inside information, since violations can affect both individuals and the procurement process.
Official Regulatory Text
(a) This section implements 41 U.S.C. chapter 21 , Restrictions on Obtaining and Disclosing Certain Information. Agency supplementation of 3.104 , including specific definitions to identify individuals who occupy positions specified in 3.104-3 (d)(1)(ii), and any clauses required by 3.104 must be approved by the senior procurement executive of the agency, unless a law establishes a higher level of approval for that agency. (b) Agency officials are reminded that there are other statutes and regulations that deal with the same or related prohibited conduct, for example- (1) The offer or acceptance of a bribe or gratuity is prohibited by 18 U.S.C. 201 and 10 U.S.C. 4651 . The acceptance of a gift, under certain circumstances, is prohibited by 5 U.S.C. 7353 and 5 CFR Part 2635 ; (2) Contacts with an offeror during the conduct of an acquisition may constitute "seeking employment," (see Subpart F of 5 CFR Part 2636 and 3.104-3 (c)(2)). Government officers and employees (employees) are prohibited by 18 U.S.C. 208 and 5 CFR Part 2635 from participating personally and substantially in any particular matter that would affect the financial interests of any person with whom the employee is seeking employment. An employee who engages in negotiations or is otherwise seeking employment with an offeror or who has an arrangement concerning future employment with an offeror must comply with the applicable disqualification requirements of 5 CFR 2635.604 and 2635.606 . The statutory prohibition in 18 U.S.C. 208 also may require an employee’s disqualification from participation in the acquisition even if the employee’s duties may not be considered "participating personally and substantially," as this term is defined in 3.104-1 ; (3) Post-employment restrictions are covered by 18 U.S.C. 207 and 5 CFR parts 2637 and 2641, that prohibit certain activities by former Government employees, including representation of a contractor before the Government in relation to any contract or other particular matter involving specific parties on which the former employee participated personally and substantially while employed by the Government. Additional restrictions apply to certain senior Government employees and for particular matters under an employee’s official responsibility; (4) parts 14 and 15 place restrictions on the release of information related to procurements and other contractor information that must be protected under 18 U.S.C. 1905; (5) Release of information both before and after award (see 3.104-4 ) may be prohibited by the Privacy Act ( 5 U.S.C. 552a ), the Trade Secrets Act (18 U.S.C. 1905), and other laws; and (6) Using nonpublic information to further an employee’s private interest or that of another and engaging in a financial transaction using nonpublic information are prohibited by 5 CFR 2635.703 .