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(ii) is acting or has acted for or on behalf of, or who is advising 
or has advised the Federal Government with respect to, a Federal 
agency procurement; and 
(B) by virtue of that office, employment, or relationship has or 
had access to contractor bid or proposal information or source se-
lection information. 
(b) PROHIBITION ON OBTAINING PROCUREMENT INFORMATION.—Except 
as provided by law, a person shall not knowingly obtain contractor bid or 
proposal information or source selection information before the award of a 
Federal agency procurement contract to which the information relates. 
§ 2103. Actions required of procurement officers when con-
tacted regarding non-Federal employment 
(a) ACTIONS REQUIRED.—An agency official participating personally and 
substantially in a Federal agency procurement for a contract in excess of 
the simplified acquisition threshold who contacts or is contacted by a person 
that is a bidder or offeror in that Federal agency procurement regarding 
possible non-Federal employment for that official shall— 
(1) promptly report the contact in writing to the official’s supervisor 
and to the designated agency ethics official (or designee) of the agency 
in which the official is employed; and 
(2)(A) reject the possibility of non-Federal employment; or 
(B) disqualify himself or herself from further personal and substan-
tial participation in that Federal agency procurement until the agency 
authorizes the official to resume participation in the procurement, in 
accordance with the requirements of section 208 of title 18 and appli-
cable agency regulations on the grounds that— 
(i) the person is no longer a bidder or offeror in that Federal 
agency procurement; or 
(ii) all discussions with the bidder or offeror regarding possible 
non-Federal employment have terminated without an agreement or 
arrangement for employment. 
(b) RETENTION OF REPORTS.—The agency shall retain each report re-
quired by this section for not less than 2 years following the submission of 
the report. The reports shall be made available to the public on request, ex-
cept that any part of a report that is exempt from the disclosure require-
ments of section 552 of title 5 under subsection (b)(1) of that section may 
be withheld from disclosure to the public. 
(c) PERSONS SUBJECT TO PENALTIES.—The following are subject to the 
penalties and administrative actions set forth in section 2105 of this title: 
(1) An official who knowingly fails to comply with the requirements 
of this section. 
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(2) A bidder or offeror that engages in employment discussions with 
an official who is subject to the restrictions of this section, knowing 
that the official has not complied with paragraph (1) or (2) of sub-
section (a). 
§ 2104. Prohibition on former official’s acceptance of com-
pensation from contractor 
(a) PROHIBITION.—A former official of a Federal agency may not accept 
compensation from a contractor as an employee, officer, director, or consult-
ant of the contractor within one year after the official— 
(1) served, when the contractor was selected or awarded a contract, 
as the procuring contracting officer, the source selection authority, a 
member of the source selection evaluation board, or the chief of a fi-
nancial or technical evaluation team in a procurement in which that 
contractor was selected for award of a contract in excess of 
$10,000,000; 
(2) served as the program manager, deputy program manager, or ad-
ministrative contracting officer for a contract in excess of $10,000,000 
awarded to that contractor; or 
(3) personally made for the Federal agency a decision to— 
(A) award a contract, subcontract, modification of a contract or 
subcontract, or a task order or delivery order in excess of 
$10,000,000 to that contractor; 
(B) establish overhead or other rates applicable to one or more 
contracts for that contractor that are valued in excess of 
$10,000,000; 
(C) approve issuance of one or more contract payments in ex-
cess of $10,000,000 to that contractor; or 
(D) pay or settle a claim in excess of $10,000,000 with that 
contractor. 
(b) WHEN COMPENSATION MAY BE ACCEPTED.—Subsection (a) does not 
prohibit a former official of a Federal agency from accepting compensation 
from a division or affiliate of a contractor that does not produce the same 
or similar products or services as the entity of the contractor that is respon-
sible for the contract referred to in paragraph (1), (2), or (3) of subsection 
(a). 
(c) IMPLEMENTING REGULATIONS.—Regulations implementing this sec-
tion shall include procedures for an official or former official of a Federal 
agency to request advice from the appropriate designated agency ethics offi-
cial regarding whether the official or former official is or would be precluded 
by this section from accepting compensation from a particular contractor. 
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(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. 
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