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FAR and DFARS › FAR Part 3: Improper Business Practices and Personal Conflicts of Interest › Subpart 3.1

FAR 3.104-8 Criminal and civil penalties, and further administrative remedies.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section states that criminal, civil, and administrative penalties may apply to conduct violating 41 U.S.C. chapter 21, which governs procurement integrity. It specifically addresses penalties for officials who knowingly fail to comply with 3.104-3 and for offerors who engage in employment discussions knowing the official has not complied with 3.104-3(c)(1). It also notes that an official who refuses to terminate employment discussions may face agency administrative actions under 5 CFR 2635.604(d) if disqualification substantially interferes with assigned duties.

Applies to: Government officials and offerors involved in procurement actions subject to 41 U.S.C. chapter 21

Key terms: criminal and civil penalties · administrative remedies · 41 U.S.C. chapter 21 · employment discussion · disqualification

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

Criminal and civil penalties, and administrative remedies, may apply to conduct that violates 41 U.S.C. chapter 21 (see 3.104-3). See 33.102(f) for special rules regarding bid protests. See 3.104-7 for administrative remedies relating to contracts.

(a) An official who knowingly fails to comply with the requirements of 3.104-3 is subject to the penalties and administrative action set forth in 41 U.S.C. 2105.

(b) An offeror who engages in employment discussion with an official subject to the restrictions of 3.104-3, knowing that the official has not complied with 3.104-3(c)(1), is subject to the criminal, civil, or administrative penalties set forth in 41 U.S.C. 2105.

(c) An official who refuses to terminate employment discussions (see 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.

Sections it refers to

  • 3.104-3 Statutory and related prohibitions, restrictions, and requirements.
  • 33.102 General.
  • 3.104-7 Violations or possible violations.
  • 3.104-5 Disqualification.

← 3.104-7 Violations or possible violations. · 3.104-9 Contract clauses. →

Rule changes for FAR Part 3

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 3.104-8 Criminal and civil penalties, and further administrative remedies · SpendQuery