(1) A former official who knowingly accepts compensation in viola-
tion of this section. 
(2) A contractor that provides compensation to a former official 
knowing that the official accepts the compensation in violation 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 any-
thing of value or to obtain or give a person a competitive advantage in the 
award of a Federal agency procurement 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 en-
gages 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 pen-
alty of not more than $50,000 for each violation plus twice the amount 
of compensation that the individual received or offered for the prohib-
ited 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 Fed-
eral 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 contract 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 evidence, that 
the contractor or a person acting for the contractor has en-
gaged in conduct constituting the offense. 
(C) Initiating a suspension or debarment proceeding for the pro-
tection of the Federal Government in accordance with procedures 
in the Federal Acquisition Regulation. 
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(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; 
(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; 
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(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.
Conflict of interest standards for consultants. 
2304.
Authority of Director of Office of Management and Budget not affected. 
2305.
Openness of meetings. 
2306.
Comptroller General’s access to information. 
2307.
Modular contracting for information technology. 
2308.
Protection of constitutional rights of contractors. 
2309.
Performance-based contracts or task orders for services to be treated as contracts for 
the procurement of commercial items. 
§ 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— 
(1) are implemented with uniformity throughout the agency, to the 
extent practicable; 
(2) are implemented only after granting due consideration to the use 
or partial use, as appropriate, of existing electronic commerce and elec-
tronic data interchange systems and infrastructures such as the Fed-
eral acquisition computer network architecture known as FACNET; 
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(3) facilitate access to Federal Government procurement opportuni-
ties, including opportunities for small business concerns, socially and 
economically disadvantaged small business concerns, and business con-
cerns owned predominantly by women; and 
(4) ensure that any notice of agency requirements or agency solicita-
tion for contract opportunities is provided in a form that allows conven-
ient and universal user access through a single, Government-wide point 
of entry. 
(e) IMPLEMENTATION.—In carrying out the requirements of this section, 
the Administrator shall— 
(1) issue policies to promote, to the maximum extent practicable, 
uniform implementation of this section by executive agencies, with due 
regard for differences in program requirements among agencies that 
may require departures from uniform procedures and processes in ap-
propriate cases, when warranted because of the agency mission; 
(2) ensure that the head of each executive agency complies with the 
requirements of subsection (d); and 
(3) consult with the heads of appropriate Federal agencies with ap-
plicable technical and functional expertise, including the Office of In-
formation and Regulatory Affairs, the National Institute of Standards 
and Technology, the General Services Administration, and the Depart-
ment of Defense. 
§ 2302. Rights in technical data 
(a) WHERE DEFINED.—The legitimate proprietary interest of the Federal 
Government and of a contractor in technical or other data shall be defined 
in regulations prescribed as part of the Federal Acquisition Regulation. 
(b) GENERAL EXTENT OF REGULATIONS.— 
(1) OTHER RIGHTS NOT IMPAIRED.—Regulations prescribed under 
subsection (a) may not impair a right of the Federal Government or 
of a contractor with respect to a patent or copyright or another right 
in technical data otherwise established by law. 
(2) LIMITATION ON REQUIRING DATA BE PROVIDED TO THE GOV-
ERNMENT.—With respect to executive agencies subject to part C, regu-
lations prescribed under subsection (a) shall provide that the Federal 
Government may not require a person that has developed a product or 
process offered or to be offered for sale to the public, as a condition 
for the Federal Government to procure the product or process, to pro-
vide to the Federal Government technical data relating to the design, 
development, or manufacture of the product or process. This paragraph 
does not apply to data that may be necessary for the Federal Govern-
ment to operate and maintain the product or use the process if the 
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