Page:United States Statutes at Large Volume 124.djvu/3823

 124 STAT. 3797 PUBLIC LAW 111–350—JAN. 4, 2011 and expenses (including attorneys’ fees and expert wit- nesses’ fees) that the complainant reasonably incurred for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the executive agency. (2) ENFORCEMENT ORDER.—When a contractor fails to comply with an order issued under paragraph (1), the head of the executive agency shall file an action for enforcement of the order in the United States district court for a district in which the reprisal was found to have occurred. In an action brought under this paragraph, the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages. (3) REVIEW OF ENFORCEMENT ORDER.—A person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review of the order’s conformance with this sub- section, and regulations issued to carry out this section, in the United States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. A petition seeking review must be filed no more than 60 days after the head of the agency issues the order. Review shall conform to chapter 7 of title 5. (e) SCOPE OF SECTION.—This section does not— (1) authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (b); or (2) modify or derogate from a right or remedy otherwise available to the employee. § 4706. Examination of facilities and records of contractor (a) DEFINITION.—In this section, the term ‘‘records’’ includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether the items are in written form, in the form of computer data, or in any other form. (b) AGENCY AUTHORITY.— (1) INSPECTION OF PLANT AND AUDIT OF RECORDS.—The head of an executive agency, acting through an authorized represent- ative, may inspect the plant and audit the records of— (A) a contractor performing a cost-reimbursement, incen- tive, time-and-materials, labor-hour, or price-redeter- minable contract, or any combination of those contracts, the executive agency makes under this division; and (B) a subcontractor performing a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeter- minable subcontract, or any combination of those sub- contracts, under a contract referred to in subparagraph (A). (2) EXAMINATION OF RECORDS.—The head of an executive agency, acting through an authorized representative, may, for the purpose of evaluating the accuracy, completeness, and cur- rency of certified cost or pricing data required to be submitted pursuant to chapter 35 of this title with respect to a contract or subcontract, examine all records of the contractor or subcon- tractor related to— (A) the proposal for the contract or subcontract; (B) the discussions conducted on the proposal; (C) pricing of the contract or subcontract; or