H. R. 1107—51 
2103.
Actions required of procurement officers when contacted regarding non-Fed-
eral employment. 
2104.
Prohibition on former official’s acceptance of compensation from contractor. 
2105.
Penalties and administrative actions. 
2106.
Reporting information believed to constitute evidence of offense. 
2107.
Savings provisions. 
§ 2101. Definitions 
In this chapter: 
(1) CONTRACTING
OFFICER.—The term ‘‘contracting officer’’ 
means an individual who, by appointment in accordance with 
applicable regulations, has the authority to enter into a Federal 
agency procurement contract on behalf of the Government and 
to make determinations and findings with respect to the con-
tract. 
(2) CONTRACTOR BID OR PROPOSAL INFORMATION.—The term 
‘‘contractor bid or proposal information’’ means any of the fol-
lowing information submitted to a Federal agency as part of, 
or in connection with, a bid or proposal to enter into a Federal 
agency procurement contract, if that information previously 
has not been made available to the public or disclosed publicly: 
(A) Cost or pricing data (as defined in section 2306a(h) 
of title 10 with respect to procurements subject to that 
section and section 3501(a) of this title with respect to 
procurements subject to that section). 
(B) Indirect costs and direct labor rates. 
(C) Proprietary information about manufacturing proc-
esses, operations, or techniques marked by the contractor 
in accordance with applicable law or regulation. 
(D) Information marked by the contractor as ‘‘contractor 
bid or proposal information’’, in accordance with applicable 
law or regulation. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the 
meaning given that term in section 102 of title 40. 
(4) FEDERAL
AGENCY
PROCUREMENT.—The term ‘‘Federal 
agency procurement’’ means the acquisition (by using competi-
tive procedures and awarding a contract) of goods or services 
(including construction) from non-Federal sources by a Federal 
agency using appropriated funds. 
(5) OFFICIAL.—The term ‘‘official’’ means— 
(A) an officer, as defined in section 2104 of title 5; 
(B) an employee, as defined in section 2105 of title 5; 
and 
(C) a member of the uniformed services, as defined in 
section 2101(3) of title 5. 
(6) PROTEST.—The term ‘‘protest’’ means a written objection 
by an interested party to the award or proposed award of 
a Federal agency procurement contract, pursuant to subchapter 
V of chapter 35 of title 31. 
(7) SOURCE SELECTION INFORMATION.—The term ‘‘source selec-
tion information’’ means any of the following information pre-
pared for use by a Federal agency to evaluate a bid or proposal 
to enter into a Federal agency procurement contract, if that 
information previously has not been made available to the 
public or disclosed publicly: 
(A) Bid prices submitted in response to a Federal agency 
solicitation for sealed bids, or lists of those bid prices before 
public bid opening.
H. R. 1107—52 
(B) Proposed costs or prices submitted in response to 
a Federal agency solicitation, or lists of those proposed 
costs or prices. 
(C) Source selection plans. 
(D) Technical evaluation plans. 
(E) Technical evaluations of proposals. 
(F) Cost or price evaluations of proposals. 
(G) Competitive range determinations that identify pro-
posals that have a reasonable chance of being selected 
for award of a contract. 
(H) Rankings of bids, proposals, or competitors. 
(I) Reports and evaluations of source selection panels, 
boards, or advisory councils. 
(J) Other information marked as ‘‘source selection 
information’’ based on a case-by-case determination by the 
head of the agency, the head’s designee, or the contracting 
officer that its disclosure would jeopardize the integrity 
or successful completion of the Federal agency procurement 
to which the information relates. 
§ 2102. Prohibitions on disclosing and obtaining procure-
ment information 
(a) PROHIBITION ON DISCLOSING PROCUREMENT INFORMATION.— 
(1) IN
GENERAL.—Except as provided by law, a person 
described in paragraph (3) shall not knowingly disclose con-
tractor bid or proposal information or source selection informa-
tion before the award of a Federal agency procurement contract 
to which the information relates. 
(2) EMPLOYEE OF PRIVATE SECTOR ORGANIZATION.—In addition 
to the restriction in paragraph (1), an employee of a private 
sector organization assigned to an agency under chapter 37 
of title 5 shall not knowingly disclose contractor bid or proposal 
information or source selection information during the 3-year 
period after the employee’s assignment ends, except as provided 
by law. 
(3) APPLICATION.—Paragraph (1) applies to a person that— 
(A)(i) is a present or former official of the Federal Govern-
ment; or 
(ii) is acting or has acted for or on behalf of, or who 
is advising or has advised the Federal Government with 
respect to, a Federal agency procurement; and 
(B) by virtue of that office, employment, or relationship 
has or had access to contractor bid or proposal information 
or source selection information. 
(b) PROHIBITION ON OBTAINING PROCUREMENT INFORMATION.— 
Except as provided by law, a person shall not knowingly obtain 
contractor bid or proposal information or source selection informa-
tion before the award of a Federal agency procurement contract 
to which the information relates. 
§ 2103. Actions required of procurement officers when con-
tacted regarding non-Federal employment 
(a) ACTIONS REQUIRED.—An agency official participating person-
ally and substantially in a Federal agency procurement for a con-
tract in excess of the simplified acquisition threshold who contacts 
or is contacted by a person that is a bidder or offeror in that 
Federal agency procurement regarding possible non-Federal employ-
ment for that official shall—
H. R. 1107—53 
(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.
H. R. 1107—54 
(b) WHEN COMPENSATION MAY BE ACCEPTED.—Subsection (a) does 
not prohibit a former official of a Federal agency from accepting 
compensation from a division or affiliate of a contractor that does 
not produce the same or similar products or services as the entity 
of the contractor that is responsible for the contract referred to 
in paragraph (1), (2), or (3) of subsection (a). 
(c) IMPLEMENTING REGULATIONS.—Regulations implementing this 
section shall include procedures for an official or former official 
of a Federal agency to request advice from the appropriate des-
ignated agency ethics official regarding whether the official or 
former official is or would be precluded by this section from 
accepting compensation from a particular contractor. 
(d) PERSONS SUBJECT TO PENALTIES.—The following are subject 
to the penalties and administrative actions set forth in section 
2105 of this title: 
(1) A former official who knowingly accepts compensation 
in violation of this section. 
(2) A contractor that provides compensation to a former offi-
cial knowing that the official accepts the compensation in viola-
tion of this section. 
§ 2105. Penalties and administrative actions 
(a) CRIMINAL PENALTIES.—A person that violates section 2102 
of this title to exchange information covered by section 2102 of 
this title for anything of value or to obtain or give a person a 
competitive advantage in the award of a Federal agency procure-
ment contract shall be fined under title 18, imprisoned for not 
more than 5 years, or both. 
(b) CIVIL PENALTIES.—The Attorney General may bring a civil 
action in an appropriate district court of the United States against 
a person that engages in conduct that violates section 2102, 2103, 
or 2104 of this title. On proof of that conduct by a preponderance 
of the evidence— 
(1) an individual is liable to the Federal Government for 
a civil penalty of not more than $50,000 for each violation 
plus twice the amount of compensation that the individual 
received or offered for the prohibited conduct; and 
(2) an organization is liable to the Federal Government for 
a civil penalty of not more than $500,000 for each violation 
plus twice the amount of compensation that the organization 
received or offered for the prohibited conduct. 
(c) ADMINISTRATIVE ACTIONS.— 
(1) TYPES OF ACTION THAT FEDERAL AGENCY MAY TAKE.— 
A Federal agency that receives information that a contractor 
or a person has violated section 2102, 2103, or 2104 of this 
title shall consider taking one or more of the following actions, 
as appropriate: 
(A) Canceling the Federal agency procurement, if a con-
tract has not yet been awarded. 
(B) Rescinding a contract with respect to which— 
(i) the contractor or someone acting for the contractor 
has been convicted for an offense punishable under 
subsection (a); or 
(ii) the head of the agency that awarded the contract 
has determined, based on a preponderance of the evi-
dence, that the contractor or a person acting for the 
contractor has engaged in conduct constituting the 
offense.