plus twice the amount of compensation which the or-
ganization received or offered for the prohibited con-
duct.
‘‘(3) ADMINISTRATIVE ACTIONS.—(A) If a Fed-
eral agency receives information that a contractor or
a person has engaged in conduct constituting an of-
fense under subsection (a), (b), or (c), the Federal
agency shall consider taking one or more of the fol-
lowing actions, as appropriate:
‘‘(i) Cancellation of the Federal agency
procurement, if a contract has not yet been
awarded.
‘‘(ii) Rescission of a contract with respect
to which—
‘‘(I) the contractor or someone acting
for the contractor has been convicted for
an offense under subsection (a), (b), or (c),
or
‘‘(II) the head of the agency that
awarded the contract has determined,
based upon clear and convincing evidence,
that the contractor or someone acting for
the contractor has engaged in conduct con-
stituting such an offense.
‘‘(iii) Initiation of suspension or debarment
proceedings for the protection of the Govern-
ment in accordance with procedures in the Fed-
eral Acquisition Regulation.
‘‘(iv) Initiation of adverse personnel action,
pursuant to the procedures in chapter 75 of
title 5, United States Code, or other applicable
law or regulation.
‘‘(B) If a Federal agency rescinds a contract
pursuant to subparagraph (A)(ii), the United States
is entitled to recover, in addition to any penalty pre-
scribed by law, the amount expended under the con-
tract.
‘‘(C) For purposes of any suspension or debar-
ment proceedings initiated pursuant to subpara-
graph (A)(iii), engaging in conduct constituting an
offense under subsection (a), (b), or (c) affects the
present responsibility of a Government contractor or
subcontractor.
‘‘(e) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘contractor bid or proposal infor-
mation’ means any of the following information sub-
mitted to a Federal agency as part of or in connec-
tion with a bid or proposal to enter into a Federal
agency procurement contract, if that information has
not been previously made available to the public or
disclosed publicly:
‘‘(A) Cost or pricing data (as defined by
section 2306a(i) of title 10, United States
Code, with respect to procurements subject to
that section, and section 304A(i) of Federal
Property and Administrative Services Act of
1949 (41 U.S.C. 254b(i), with respect to pro-
curements subject to that section).
‘‘(B) Indirect costs and direct labor rates.
‘‘(C) Proprietary information about manu-
facturing processes, operations, or techniques
marked by the contractor in accordance with
applicable law or regulation.
‘‘(D) Information marked by the contrac-
tor as ‘contractor bid or proposal information’,
in accordance with applicable law or regulation.
‘‘(2) The term ‘source selection information’
means any of the following information prepared for
use by a Federal agency for the purpose of evaluat-
ing a bid or proposal to enter into a Federal agency
procurement contract, if that information has not
been previously made available to the public or dis-
closed publicly:
‘‘(A) Bid prices submitted in response to a
Federal agency solicitation for sealed bids, or
lists of those bid prices before public bid open-
ing.
‘‘(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 propos-
als.
‘‘(G) Competitive range determinations
that identify proposals that have a reasonable
chance of being selected for award of a con-
tract.
‘‘(H) Rankings of bids, proposals, or com-
petitors.
‘‘(I) The 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, his
designee, or the contracting officer that its dis-
closure would jeopardize the integrity or suc-
cessful completion of the Federal agency pro-
curement to which the information relates.
‘‘(3) The term ‘Federal agency’ has the mean-
ing provided such term in section 3 of the Federal
Property and Administrative Services Act of 1949
(40 U.S.C. 472).
‘‘(4) The term ‘Federal agency procurement’
means the acquisition (by using competitive proce-
dures and awarding a contract) of goods or services
(including construction) from non-Federal sources
by a Federal agency using appropriated funds.
‘‘(5) The term ‘contracting officer’ means a
person who, by appointment in accordance with ap-
plicable 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 such a contract.
‘‘(6) The term ‘protest’ means a written objec-
tion by an interested party to the award or proposed
award of a Federal agency procurement contract,
pursuant to section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759)
or subchapter V of chapter 35 of title 31, United
States Code.
‘‘(f) LIMITATION ON PROTESTS.—No person may file
a protest against the award or proposed award of a Fed-
eral agency procurement contract alleging an offense
under subsection (a), (b), or (c), of this section, nor may
the Comptroller General or the board of contract appeals
of the General Services Administration consider such an
allegation in deciding a protest, unless that person re-
ported to the Federal agency responsible for the procure-
ment information that the person believed constituted evi-
dence of the offense no later than 14 days after the person
first discovered the possible offense.
‘‘(g) SAVINGS PROVISIONS.—This section does not—
‘‘(1) restrict the disclosure of information to, or
its receipt by, any person or class of persons author-
ized, in accordance with applicable agency regula-
tions or procedures, to receive that information;
‘‘(2) restrict a contractor from disclosing its
own bid or proposal information or the recipient
from receiving that information;
‘‘(3) restrict the disclosure or receipt of infor-
mation relating to a Federal agency procurement
after it has been canceled by the Federal agency be-
fore contract award unless the Federal agency plans
to resume the procurement;
(2) by striking out subparagraph (B) of para-
graph (1);
(3) by redesignating subparagraph (C) of para-
graph (1) as subparagraph (B);
(4) by striking out paragraph (2); and
(5) by redesignating paragraph (3) as para-
graph (2).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to sales agree-
ments pursuant to sections 21 and 22 of the Arms Export
Control Act (22 U.S.C. 2761 and 2762) entered into on
or after the date of the enactment of this Act.
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