Page:United States Statutes at Large Volume 102 Part 5.djvu/60

 102 STAT. 4066

PUBLIC LAW 100-679—NOV. 17, 1988

contractor prohibited by subsection (a) and for any such conduct of any officer, employee, agent, representative, or consultant of such contractor. "(2) The following remedies are authorized to be included in, and shall be considered in the development of, such regulations: "(A) Denial of payment of all or any portion of the profit component of amounts otherwise payable to the contractor by the Federal agency under the contract and recovery of all or any portion of the profit component of amounts paid to the contractor by the Federal agency under the contract. "(B) Termination of the contract for default. "(C) Any other appropriate penalty. "(g) ADMINISTRATIVE ACTIONS.—(1) If an agency receives a disclosure of information pursuant to subsection (d) or otherwise receives or obtains information providing a reasonable basis to believe that an officer, employee, agent, representative, or consultant, of a competing contractor has knowingly violated the requirements of this section— "(A) in the case of a procurement in which a contract has not been awarded, the agency shall determine whether to terminate the procurement or take other appropriate actions; "(B) in the case of a procurement with respect to which a contract has been awarded, the agency shall determine whether to void or rescind the contract, to terminate the contract for default, to impose sanctions upon the contractor, or to permit the contractor to continue to perform the contract, subject to review in accordance with, and to the extent provided in, the Contract Disputes Act of 1978, or to take other appropriate actions; and "(O if the agency determines that such a knowing violation has occurred, the agency, pursuant to procedures specified in the Federal Acquisition Regulation— "(i) may impose an immediate suspension, and "(ii) shall determine whether to initiate a debarment proceeding, against the competing contractor or other person who committed such violation. "(2) Any procurement official of a Federal agency who engages in conduct prohibited by subsection (b) or (c) shall be subject to removal or other appropriate adverse personnel action pursuant to the procedures specified in chapter 75 of title 5, United States Code, or other applicable law or regulation. "(3) The actions taken under paragraph (1) or (2) may be suspended by the agency head upon the request of the Attorney General p e n ^ g the disposition of any civil or criminal actions pursuant to subsections (h) and (i). "(h) CIVIL PENALTIES.—Any person who engages in conduct prohibited by subsection (a), (b), (c), or (e) shall be subject to the imposition of a civil fine in a civil action brought by the United States in an appropriate district court of the United States. The amount of any such civil fine for such violation may not exceed— "(1) $100,000 in the case of an individual; or "(2) $1,000,000 in the case of a competing contractor (other than an individual), "(i) CRIMINAL PENALTIES.—Whoever, during the conduct of a Federal agency procurement of property or services—

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