H. R. 1107—55 
(C) Initiating a suspension or debarment proceeding for 
the protection of the Federal Government in accordance 
with procedures in the Federal Acquisition Regulation. 
(D) Initiating an adverse personnel action, pursuant to 
the procedures in chapter 75 of title 5 or other applicable 
law or regulation. 
(2) AMOUNT GOVERNMENT ENTITLED TO RECOVER.—When a 
Federal agency rescinds a contract pursuant to paragraph 
(1)(B), the Federal Government is entitled to recover, in addi-
tion to any penalty prescribed by law, the amount expended 
under the contract. 
(3) PRESENT
RESPONSIBILITY
AFFECTED
BY
CONDUCT.—For 
purposes 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 responsibility 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 person 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 
information or the recipient from receiving that information; 
(3) restrict the disclosure or receipt of information relating 
to a Federal agency procurement after it has been canceled 
by the Federal agency before contract award unless the Federal 
agency plans to resume 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 procure-
ment, provided that unauthorized disclosure or receipt of con-
tractor bid or proposal information or source selection informa-
tion does not occur; 
(5) authorize the withholding of information from, nor restrict 
its receipt by, Congress, a committee or subcommittee of Con-
gress, the Comptroller General, a Federal agency, or an 
inspector general of a Federal agency; 
(6) authorize the withholding of information from, nor restrict 
its receipt 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 
penalty, or remedy established under another law or regulation.
H. R. 1107—56 
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 con-
tracts 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 
debarment officials. 
§ 2301. Use of electronic commerce in Federal procurement 
(a) DEFINITION.—For the purposes of this section, the term ‘‘elec-
tronic commerce’’ means electronic techniques for accomplishing 
business transactions, 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 
COMMERCE PROCEDURES AND PROCESSES.—The head of each execu-
tive 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 administration of the procurement 
system of the agency. 
(c) APPLICABLE STANDARDS.—In conducting electronic commerce, 
the head of an executive agency shall apply nationally and inter-
nationally recognized standards that broaden interoperability and 
ease the electronic interchange 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 pursu-
ant to this section— 
(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 electronic data interchange systems and infra-
structures such as the Federal acquisition computer network 
architecture known as FACNET; 
(3) facilitate access to Federal Government procurement 
opportunities, including opportunities for small business con-
cerns, socially and economically disadvantaged small business 
concerns, and business concerns owned predominantly by 
women; and 
(4) ensure that any notice of agency requirements or agency 
solicitation for contract opportunities is provided in a form 
that allows convenient 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 prac-
ticable, uniform implementation of this section by executive