(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 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. 
(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;