§2105 Penalties and Administrative Actions

Summary

People who trade or use procurement information covered by section 2102 for money or to get a bidding advantage can be criminally punished. They may be fined under Title 18, jailed for up to 5 years, or both. The Attorney General can also sue in federal court for violations of sections 2102, 2103, or 2104. If the court finds the misconduct by a preponderance of the evidence, an individual can be fined up to $50,000 for each violation plus twice the amount they paid or received, and an organization can be fined up to $500,000 for each violation plus twice the amount it paid or received. Federal agencies that learn of such violations must consider steps like canceling a procurement before award, rescinding a contract after a conviction or an agency finding, starting suspension or debarment under the Federal Acquisition Regulation, or taking personnel action under chapter 75. If a contract is rescinded, the government can recover what it spent under that contract. Such misconduct can also affect a contractor’s current responsibility to do business with the government.