3.101-2
Solicitation and acceptance of gratuities by Government personnel
Government employees must not solicit or accept gifts or anything of value from parties with business interests before their agency, with only limited exceptions allowed by agency regulations.
Overview
FAR 3.101-2 prohibits Government employees from soliciting or accepting gratuities, gifts, favors, entertainment, loans, or anything of monetary value from individuals or entities that have, seek, or may be affected by business with the employee’s agency. This rule is designed to prevent conflicts of interest and maintain the integrity of the federal procurement process. There are limited exceptions, which are detailed in specific agency regulations, but the general expectation is strict avoidance of any appearance of impropriety or undue influence.
Key Rules
- Prohibition on Gratuities
- Government employees must not solicit or accept gifts or anything of value from parties with business interests related to their agency.
- Scope of Prohibited Sources
- The prohibition applies to anyone seeking business with, regulated by, or substantially affected by the employee’s agency.
- Exceptions
- Limited exceptions may exist, but only as specifically authorized by agency regulations.
Responsibilities
- Contracting Officers: Must avoid accepting prohibited items and report any offers or solicitations.
- Contractors: Should not offer gifts or gratuities to Government personnel.
- Agencies: Must establish and communicate any authorized exceptions and enforce compliance.
Practical Implications
- This rule exists to prevent bribery, undue influence, and conflicts of interest in Government contracting.
- Contractors risk severe penalties and reputational harm if they attempt to provide prohibited gratuities.
- Common pitfalls include unintentional gifts (e.g., meals, event tickets) and misunderstanding what constitutes a prohibited item.