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41 U.S.C. § 2105 — Penalties and administrative actions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal Penalties.—** A person that violates [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) to exchange information covered by [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) for anything 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 engages 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 penalty of not more than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited 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 Federal 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 contracto
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2105
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Stable record: federal_law:legal_authorities:record_usc_62f8ad8e76f966e94d33499b
Source file: Laws/federal/codes/united-states-code/title-41/section-2105-penalties-and-administrative-actions--309f9adee9.md
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Source location: Title 41, Chapter 21, § 2105; chapter-021-chapter-21.md
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**(a) Criminal Penalties.—** A person that violates [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) to exchange information covered by [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2102&num=0&edition=prelim) for anything 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 engages 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 penalty of not more than $50,000 for each violation plus twice the amount of compensation that the individual received or offered for the prohibited 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 Federal 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 engaged in conduct constituting the offense.
(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 addition 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Disclosing Procurement Information.—**
(1) **In general.—** — Except as provided by law, a person described in paragraph (3) shall not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates.
(2) **Employee of private sector organization.—** — In addition to the restriction in paragraph (1), an employee of a private sector organization assigned to an agency under chapter 37 of title 5 shall not knowingly disclose contractor bid or proposal information or source selection information during the 3-year period after the employee’s assignment ends, except as provided by law.
(3) **Application.—** — Paragraph (1) applies to a person that—
(A)
(i) is a present or former official of the Federal Government; or
(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 selection 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense.
**(b) Uniform Implementation.—** The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(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 substantial 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim) and applicable 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 required 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, except that any part of a report that is exempt from the disclosure requirements of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) under subsection (b)(1) of that section may be withheld from disclosure to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** A former official of a Federal agency may not accept compensation from a contractor as an employee, officer, director, or consultant 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 financial 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 administrative 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 excess 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 responsible for the contract referred to in paragraph (1), (2), or (3) of subsection (a).
**(c) Implementing Regulations.—** Regulations implementing this section shall include procedures for an official or former official of a Federal ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2104
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Federal law — U.S. Code and appendices · legal_authorities
Page 68
TITLE 41—PUBLIC CONTRACTS
§ 2104
section (b)(1) of that section may be withheld
from disclosure to the public.
(c) PERSONS SUBJECT TO PENALTIES.—The fol-
lowing are subject to the penalties and adminis-
trative actions set forth in section 2105 of this
title:
(1) An official who knowingly fails to comply
with the requirements of this section.
(2) A bidder or offeror that engages in em-
ployment 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 subsection (a).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3728.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
2103(a) ........
41:423(c)(1).
Pub. L. 93–400, § 27(c), as
added
Pub.
L.
100–679,
§ 6(a), Nov. 17, 1988, 102
Stat. 4063; Pub. L. 101–189,
title VIII, § 814(a)–(d)(1),
Nov. 29, 1989, 103 Stat.
1495; Pub. L. 101–510, title
XIV, § 1484(l)(6), Nov. 5,
1990, 104 Stat. 1720; Pub. L.
102–25, title VII, § 705(i),
Apr. 6, 1991, 105 Stat. 121;
Pub. L. 103–355, title VIII,
§ 8301(e), Oct. 13, 1994, 108
Stat. 3397; Pub. L. 104–106,
title XLIII, § 4304(a), Feb.
10, 1996, 110 Stat. 660.
2103(b) ........
41:423(c)(2).
2103(c) ........
41:423(c)(3), (4).
§ 2104. Prohibition on former official’s accept-
ance of compensation from contractor
(a) PROHIBITION.—A former official of a Fed-
eral agency may not accept compensation from
a contractor as an employee, officer, director, or
consultant of the contractor within one year
after the official—
(1) served, when the contractor was selected
or awarded a contract, as the procuring con-
tracting officer, the source selection author-
ity, a member of the source selection evalua-
tion board, or the
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 2105
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.