Page:United States Statutes at Large Volume 110 Part 1.djvu/686

 110 STAT. 662 PUBLIC LAW 104-106—FEB. 10, 1996 plus twice the amount of compensation which the organization received or offered for the prohibited conduct. "(3) ADMINISTRATIVE ACTIONS. —(A) If a Federal agency receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d), the Federal agency shall consider taking one or more of the following actions, as appropriate: "(i) Cancellation of the Federal agency procurement, if a contract has not yet been awarded. "(ii) Rescission of a contract with respect to which— "(I) the contractor or someone acting for the contractor has been convicted for an offense punishable under paragraph (1), or "(II) the head of the agency that awarded the contract has determined, based upon a preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting such an offense. "(iii) Initiation of suspension or debarment proceedings for the protection of the Government in accordance with procedures in the Federal Acquisition Regulation. "(iv) Initiation of adverse personnel action, pursuant to the procedures in chapter 75 of title 5, United States Code, or other applicable law or regulation. "(B) If a Federal agency rescinds a contract pursuant to subparagraph (A)(ii), the United States is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract. "(C) For purposes of any suspension or debarment proceedings initiated pursuant to subparagraph (A)(iii), engaging in conduct constituting an offense under subsection (a), (b), (c), or (d) affects the present responsibility of a Government contractor or subcontractor. "(f) DEFINITIONS. — As used in this section: "(1) The term 'contractor bid or proposal information' means any of the following information submitted to a Federal agency as part of or in connection with a bid or proposal to enter into a Federal agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: "(A) Cost or pricing data (as defined by section 2306a(h) of title 10, United States Code, with respect to procurements subject to that section, and section 304A(h) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b(h)), with respect to procurements subject to that section). "(B) Indirect costs and direct labor rates. "(C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation. "(D) Information marked by the contractor as 'contractor bid or proposal information', in accordance with applicable law or regulation. "(2) The term 'source selection information' means any of the following information prepared for use by a Federal agency for the purpose of evaluating a bid or proposal to enter into a Federal agency procurement contract, if that information

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