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(C) Initiating a suspension or debarment proceeding for the pro-
tection of the Federal Government in accordance with procedures 
in the Federal Acquisition Regulation. 
(D) Initiating an adverse personnel action, pursuant to the pro-
cedures in chapter 75 of title 5 or other applicable law or regula-
tion. 
(2) AMOUNT GOVERNMENT ENTITLED TO RECOVER.—When a Fed-
eral agency rescinds a contract pursuant to paragraph (1)(B), the Fed-
eral Government is entitled to recover, in addition to any penalty pre-
scribed by law, the amount expended under the contract. 
(3) PRESENT RESPONSIBILITY AFFECTED BY CONDUCT.—For pur-
poses of a suspension or debarment proceeding initiated pursuant to 
paragraph (1)(C), engaging in conduct constituting an offense under 
section 2102, 2103, or 2104 of this title affects the present responsi-
bility of a Federal Government contractor or subcontractor. 
§ 2106. Reporting information believed to constitute evi-
dence of offense 
A person may not file a protest against the award or proposed award of 
a Federal agency procurement contract alleging a violation of section 2102, 
2103, or 2104 of this title, and the Comptroller General may not consider 
that allegation in deciding a protest, unless the person, no later than 14 
days after the person first discovered the possible violation, reported to the 
Federal agency responsible for the procurement the information that the 
person believed constitutes evidence of the offense. 
§ 2107. Savings provisions 
This chapter does not— 
(1) restrict the disclosure of information to, or its receipt by, a per-
son or class of persons authorized, in accordance with applicable agency 
regulations or procedures, to receive that information; 
(2) restrict a contractor from disclosing its own bid or proposal in-
formation or the recipient from receiving that information; 
(3) restrict the disclosure or receipt of information relating to a Fed-
eral agency procurement after it has been canceled by the Federal 
agency before contract award unless the Federal agency plans to re-
sume the procurement; 
(4) prohibit individual meetings between a Federal agency official 
and an offeror or potential offeror for, or a recipient of, a contract or 
subcontract under a Federal agency procurement, provided that unau-
thorized disclosure or receipt of contractor bid or proposal information 
or source selection information does not occur; 
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(5) authorize the withholding of information from, nor restrict its re-
ceipt by, Congress, a committee or subcommittee of Congress, the 
Comptroller General, a Federal agency, or an inspector general of a 
Federal agency; 
(6) authorize the withholding of information from, nor restrict its re-
ceipt by, the Comptroller General in the course of a protest against the 
award or proposed award of a Federal agency procurement contract; 
or 
(7) limit the applicability of a requirement, sanction, contract pen-
alty, or remedy established under another law or regulation. 
CHAPTER 23—MISCELLANEOUS 
Sec. 
2301.
Use of electronic commerce in Federal procurement. 
2302.
Rights in technical data. 
2303.
Ethics safeguards related to contractor conflicts of interest. 
2304.
Conflict of interest standards for consultants. 
2305.
Authority of Director of Office of Management and Budget not affected. 
2306.
Openness of meetings. 
2307.
Comptroller General’s access to information. 
2308.
Modular contracting for information technology. 
2309.
Protection of constitutional rights of contractors. 
2310.
Performance-based contracts or task orders for services to be treated as contracts for 
the procurement of commercial items. 
2311.
Enhanced transparency on interagency contracting and other transactions. 
2312.
Contingency Contracting Corps. 
2313.
Database for Federal agency contract and grant officers and suspension and debar-
ment officials 
§ 2301. Use of electronic commerce in Federal procurement 
(a) DEFINITION.—For the purposes of this section, the term ‘‘electronic 
commerce’’ means electronic techniques for accomplishing business trans-
actions, including electronic mail or messaging, World Wide Web technology, 
electronic bulletin boards, purchase cards, electronic funds transfers, and 
electronic data interchange. 
(b) ESTABLISHMENT, MAINTENANCE, AND USE OF ELECTRONIC COM-
MERCE PROCEDURES AND PROCESSES.—The head of each executive agency, 
after consulting with the Administrator, shall establish, maintain, and use, 
to the maximum extent that is practicable and cost-effective, procedures and 
processes that employ electronic commerce in the conduct and administra-
tion of the procurement system of the agency. 
(c) APPLICABLE STANDARDS.—In conducting electronic commerce, the 
head of an executive agency shall apply nationally and internationally recog-
nized standards that broaden interoperability and ease the electronic inter-
change of information. 
(d) REQUIREMENTS OF SYSTEMS, TECHNOLOGIES, PROCEDURES, AND 
PROCESSES.—The head of each executive agency shall ensure that systems, 
technologies, procedures, and processes established pursuant to this sec-
tion— 
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