3.104-6
Ethics advisory opinions regarding prohibitions on a former official’s acceptance of compensation from a contractor
Federal officials can request written ethics opinions to determine if accepting compensation from a contractor is prohibited, and good faith reliance on such opinions protects both the official and contractor from violations.
Overview
FAR 3.104-6 provides a process for current or former federal officials to seek written ethics advisory opinions regarding whether they are prohibited from accepting compensation from a contractor under 41 U.S.C. 2104. This section outlines the steps for requesting an advisory opinion, the required information, the agency ethics official’s responsibilities, and the protections afforded to individuals and contractors who rely in good faith on such opinions. The regulation aims to prevent conflicts of interest and ensure compliance with post-employment restrictions related to procurement integrity.
Key Rules
- Requesting an Advisory Opinion
- Officials or former officials uncertain about post-employment compensation restrictions may request a written advisory opinion from their agency ethics official before accepting compensation from a contractor.
- Content of the Request
- The request must be written, signed, dated, and include detailed information about the relevant procurement(s), the individual’s participation, and the contractor involved.
- Agency Ethics Official’s Response
- The agency ethics official should issue an opinion within 30 days of receiving a complete request, or as soon as practicable.
- Additional Information and Reliance
- The ethics official may request more information if needed and may rely on the information provided unless there is reason to doubt its accuracy. Good faith reliance on a written opinion protects both the requester and contractor from knowing violations, unless the opinion was based on fraudulent or misleading information.
Responsibilities
- Contracting Officers: May be asked to provide information to the ethics official.
- Contractors: Must not knowingly offer compensation in violation of post-employment restrictions.
- Agencies: Must provide timely, accurate ethics opinions and ensure officials are aware of the process.
Practical Implications
- This section exists to help prevent post-employment conflicts of interest and ensure compliance with procurement integrity laws. It provides a safe harbor for officials and contractors who act in good faith based on written ethics opinions. Common pitfalls include incomplete requests, delays in obtaining opinions, or reliance on inaccurate information.