124 STAT. 3729 PUBLIC LAW 111–350—JAN. 4, 2011 (1) promptly report the contact in writing to the official’s supervisor and to the designated agency ethics official (or des- ignee) of the agency in which the official is employed; and (2)(A) reject the possibility of non-Federal employment; or (B) disqualify himself or herself from further personal and substantial participation in that Federal agency procurement until the agency authorizes the official to resume participation in the procurement, in accordance with the requirements of section 208 of title 18 and applicable agency regulations on the grounds that— (i) the person is no longer a bidder or offeror in that Federal agency procurement; or (ii) all discussions with the bidder or offeror regarding possible non-Federal employment have terminated without an agreement or arrangement for employment. (b) RETENTION OF REPORTS.—The agency shall retain each report required by this section for not less than 2 years following the submission of the report. The reports shall be made available to the public on request, except that any part of a report that is exempt from the disclosure requirements of section 552 of title 5 under subsection (b)(1) of that section may be withheld from disclosure to the public. (c) PERSONS SUBJECT TO PENALTIES.—The following are subject to the penalties and administrative actions set forth in section 2105 of this title: (1) An official who knowingly fails to comply with the require- ments of this section. (2) A bidder or offeror that engages in employment discus- sions with an official who is subject to the restrictions of this section, knowing that the official has not complied with para- graph (1) or (2) of subsection (a). § 2104. Prohibition on former official’s acceptance of com- pensation from contractor (a) PROHIBITION.—A former official of a Federal agency may not accept compensation from a contractor as an employee, officer, director, or consultant of the contractor within one year after the official— (1) served, when the contractor was selected or awarded a contract, as the procuring contracting officer, the source selec- tion authority, a member of the source selection evaluation board, or the chief of a financial or technical evaluation team in a procurement in which that contractor was selected for award of a contract in excess of $10,000,000; (2) served as the program manager, deputy program manager, or administrative contracting officer for a contract in excess of $10,000,000 awarded to that contractor; or (3) personally made for the Federal agency a decision to— (A) award a contract, subcontract, modification of a con- tract or subcontract, or a task order or delivery order in excess of $10,000,000 to that contractor; (B) establish overhead or other rates applicable to one or more contracts for that contractor that are valued in excess of $10,000,000; (C) approve issuance of one or more contract payments in excess of $10,000,000 to that contractor; or (D) pay or settle a claim in excess of $10,000,000 with that contractor.
