5303.104-5

(a) Contracting officers should consider ways to
engage potential offerors early and respond to industry queries,
pursuant to the contracting officer’s responsibilities under
FAR 9.504, to determine whether former federal employees should be
excluded from proposal preparation. When Contracting officers
become aware that a former federal employee is involved in a
contractor’s proposal preparation, the CO shall determine
whether that employee should be excluded from the proposal
preparation effort. The CO shall document the supporting rationale
within the determination as to whether the former federal employee
should be excluded from the proposal preparation efforts or not. In
addition to the ethics advisory opinions under FAR
3.104-6, should a former federal employee participate in
preparing a competitive proposal on behalf of an employer or
client, and it relates to the prior employment as a federal
employee, the individual should inform his/her employer/client of
this fact and have that entity communicate such facts to the
Contracting Officer in accordance with FAR
3.104 and FAR
9.505. One of the guiding principles established by the
decisions of the courts is the obligation of contracting agencies
to avoid even the appearance of impropriety in government
procurements. See FAR
3.101-1. In this regard, where a firm may have gained an unfair
competitive advantage through its hiring of a former government
official, the contracting officer may disqualify a firm from a
competition based on the appearance of impropriety tied to an
organizational conflict of interest which is created by this
situation, that is, even if no actual impropriety can be shown.
        (b) In addition to the cognizant parties
identified at FAR
3.104-5(b), if the source selection authority is the
DAFRCO/MAJCOM/FLDCOM/FOA/DRU/CC or CD, the disqualification notice
must be coordinated through the DAFRCO/MAJCOM/FLDCOM/FOA/DRU JA and
the SCO. The notice must include the items at FAR
3.104-5(b) and the following:
        (1) Name of requestor
        (2) Current position/job title
        (3) Projected retirement date
        (4) Impact on program/unit mission if
disqualification is granted
        (5) Proposed replacement individual for official
acquisition duties
        (6) Commander/Director recommendation
        (c) Resumption of participation in a
procurement
        The contracting officer, after consultation with
the parties identified in paragraph (b), will notify the individual
if he or she is disqualified. The individual will remain
disqualified unless resumption of participation in the procurement
is granted in accordance with this paragraph.
        (2) See MP5301.601(a)(i).
In cases where the SCO is the individual disqualified from
participation in a procurement, the cognizant HCA must authorize
the individual to resume participation in the procurement. SAF/AQ
and SAF/SQ and their civilian or military deputies have the
authority to permit the cognizant HCA to resume participation in a
procurement following contact with an offeror regarding non-Federal
employment.

Change History

--- 2026-03-20 10:27:42
+++ 2026-03-20 13:16:17
@@ -1,10 +1,10 @@
 (a) Contracting officers should consider ways to
 engage potential offerors early and respond to industry queries,
-pursuant to the contracting officer's responsibilities under
+pursuant to the contracting officer’s responsibilities under
 FAR 9.504, to determine whether former federal employees should be
 excluded from proposal preparation. When Contracting officers
 become aware that a former federal employee is involved in a
-contractor's proposal preparation, the CO shall determine
+contractor’s proposal preparation, the CO shall determine
 whether that employee should be excluded from the proposal
 preparation effort. The CO shall document the supporting rationale
 within the determination as to whether the former federal employee