2011 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy (§§ 101 - 4711)
Division B - Office of Federal Procurement Policy (§§ 1101 - 2313)
Chapter 21 - RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION (§§ 2101 - 2107)
Section 2105 - Penalties and administrative actions
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS Subtitle I - Federal Procurement Policy Division B - Office of Federal Procurement Policy CHAPTER 21 - RESTRICTIONS ON OBTAINING AND DISCLOSING CERTAIN INFORMATION Sec. 2105 - Penalties and administrative actions |
Contains | section 2105 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3730. |
Statutes at Large References | 102 Stat. 4063 103 Stat. 1495 104 Stat. 1720 105 Stat. 121 108 Stat. 3397 110 Stat. 661 124 Stat. 3730 |
Public Law References | Public Law 93-400, Public Law 100-679, Public Law 101-189, Public Law 101-510, Public Law 102-25, Public Law 103-355, Public Law 104-106, Public Law 111-350 |
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(a)
(b)
(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)
(1)
(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)
(3)
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3730.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2105(a) | 41:423(e)(1). | Pub. L. 93–400, §27(e), 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. 661. |
2105(b) | 41:423(e)(2). | |
2105(c) | 41:423(e)(3). |
In subsection (a), the word “violates” is substituted for “engages in conduct constituting a violation of” to eliminate unnecessary words.
In subsection (b), the words “liable to the Federal Government for” are substituted for “subject to” for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(1), the words “has violated” are substituted for “has engaged in conduct constituting a violation of” to eliminate unnecessary words.
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