§2105 Penalties and administrative actions

Summary

Trading or sharing covered procurement information for money or to gain a contract advantage is a crime. A person who does that can be fined under title 18, jailed for up to 5 years, or both. The Attorney General can sue in federal court for violations of these procurement rules. If the facts show it is more likely than not that someone broke the rules, an individual can be fined up to $50,000 for each violation plus twice any payment they got or offered, and an organization can be fined up to $500,000 for each violation plus twice any payment it got or offered. When a federal agency learns of such conduct, it must consider actions like canceling the procurement before award; rescinding a contract if the contractor is convicted or the agency head finds, more likely than not, the offense occurred; starting suspension or debarment under the Federal Acquisition Regulation; or taking personnel action under chapter 75 or other law. If a contract is rescinded, the government can recover the money it spent on that contract in addition to any penalties, and the conduct harms the contractor’s present responsibility in suspension or debarment proceedings.