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

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 3.104-8
Type
Subsection
Last amended
79 FR 24192 Effective May 29, 2014
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

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.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Positive Law Codification of Title 41 79 FR 24192 · FAC 2005-73
Federal Acquisition Regulation; Procurement Integrity Rewrite 67 FR 13057 · FAC 2001-06

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 91 FR 37698 · FAR Case 2026-007, Docket No. FAR-2026-0007, Sequence No. 1 Closed Jul 23, 2026No final rule found

Sections cited

Quick answers

What is FAR 3.104-8?

FAR 3.104-8 is a subsection of the Federal Acquisition Regulation, titled "Criminal and civil penalties, and further administrative remedies".

When was FAR 3.104-8 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Positive Law Codification of Title 41" (79 FR 24192), published Apr 29, 2014 and effective May 29, 2014.

Are changes to FAR 3.104-8 proposed?

One proposed change has no final rule yet.

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