Page:United States Statutes at Large Volume 102 Part 5.djvu/59

 PUBLIC LAW 100-679—NOV. 17, 1988

102 STAT. 4065

''(B) to disclose to the head of such agency any and all such information and to certify in writing that any and all such information has been disclosed. "(4) D a procurement official leaves the Government durii^ the P conduct of such a procurement, such official shall certify that he or she understands tihe continuing obligation not to disclose proprietary or source selection information. "(5) For the purposes of enforcing the requirements of this section, the contracting officer responsible for the conduct of a procurement shall maintain, as part of die procurement file— "(A) all certifications made by procurement officials and competing contractors with regard to such procurement, as required by this subsection; and (B) a record of all persons who have been authorized by the Records. head of the agency or the contracting officer to have access to proprietary or source selection information regarding such procurement. "(6) Any person making a certification required by this subsection Fraud. shall be notified of the applicability of section 1001 of title 18, United States Code, to false, fictitious, or fraudulent statements in such certification. "(7)(A) This subsection applies only to contracts, extensions, and modifications in excess of $100,000. "(B) This subsection need not be applied to a contract— Administrative Services Act of 1949 or section 2304(c)(4) of title 10, United States Code; or "(ii) in an exceptional case, when the head of the Federal agency concerned determines in writing that this subsection should be waived pursuant to procedures and criteria established in implementing r^ulations issued pursuant to subsection (m) and notifies the 0>ngress in writing of such determination. Hie authority to make determinations under clause (ii) of this subparagraph may not be delegated. "(e) REsnucnoNS ON GOVERNMENT OFFICIALS AND EMPLOYEES.— No Government official or employee, civilian, or military, who has participated personally and substantially in the conduct of any Federal agency procurement or who has personally reviewed and approved the aifi^utl, modification, or extension of any contract for such procurement shall— "(1) participate in any manner, as an officer, employee, agent, or representative of a competing contractor, in any negotiations leading to the award, modification, or extension of a contract for such procurement, or "(2) participate personally and substantially on behalf of the competing contractor in the performance of such contract, during the period ending 2 years after the last date such individual participated personally and substantially in the conduct of such procurement or personally reviewed and approved the award, modification, or extension of any contract for such procurement "(f) CONTRACTUAL PENALTIES.—(1) R^ulations issued pursuant to subsection (m) shall require that each contract awarded by a Federal agency contain a clause specified in such r^ulation that provides s^ypropriate contractual penalties for conduct of any competing
 * '(i) with a foreign government or an international organization that is not required to be awarded using competitive procedures pursuant to section 303(c)(4) of the F^eral Property and

�