48 CFR § 3.104-8 - 3.104-8 Criminal and civil penalties, and further administrative remedies.

---
identifier: "/us/cfr/t48/s3.104-8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 3.104-8 - 3.104-8   Criminal and civil penalties, and further administrative remedies."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "3.104-8"
section_name: "3.104-8   Criminal and civil penalties, and further administrative remedies."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "3"
part_name: "IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42108, Sept. 19, 1983, unless otherwise noted."
cfr_part: "3"
---


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

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.

[67 FR 13059, Mar. 20, 2002, as amended at 79 FR 24196, Apr. 29, 2014]