A bill to provide for Government-wide procurement ethics reform, and for other purposes.
Procurement Ethics Reform Act - Amends the Office of Federal Procurement Policy Act to: (1) revise provisions suspended by the Ethics Reform Act of 1989 governing the conduct of certain individuals involved in procurement-related activities; and (2) repeal certain conflict-of-interest restrictions.
Replaces provisions prohibiting procurement officials and competing contractors from, respectively, disclosing and obtaining proprietary and source selection information during any stage of a Federal agency procurement with provisions prohibiting anyone: (1) who had access to contractor bid or proposal information or source selection information while employed by the Federal Government or while acting for or advising the Government from knowingly and willfully disclosing such information before the award of a Federal agency procurement contract to which the information relates; (2) from knowingly and willingly obtaining contractor bid or proposal information or source selection information before such an award; and (3) from knowingly and willingly violating a protective order issued by the Comptroller General or the board of contract appeals of the General Services Administration in connection with a protest against the award or proposed award of such a contract by disclosing such information. Defines "contractor bid or proposal information" as currently defined "proprietary information." Specifies the categories of such information, including information marked by the contractor as "contractor bid or proposal information" in accordance with applicable law. Redefines "source selection information" as information prepared for use by a Federal agency to evaluate a bid or proposal to enter into such a contract. Specifies the categories of such information, including information that is marked "source selection information" the disclosure of which (based upon a case-by-case determination of the agency head or the contracting officer) would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. Specifies that contractor bid or proposal information and source selection information must not have been previously made available to the public. Repeals provisions regarding contractual penalties. Authorizes the Attorney General to bring a civil action in a U.S. District Court against any person who violates prohibitions against disclosing or obtaining such information or a protective order issued during a contract award protest. Establishes separate civil penalties of $50,000 for individuals and $500,000 for organizations convicted of violating such a prohibition plus twice the amount of compensation the individual or organization received or was offered for the prohibited conduct. Establishes criminal penalties of a fine or imprisonment for not more than one year or both for a violation of such a prohibition and of a fine or imprisonment for not more than five years or both for such a violation involving the exchanging of such information for anything of value or obtaining or giving to anyone a competitive advantage in awarding such a contract. Revises provisions regarding administrative actions to allow Federal agencies that receive information that a contractor has engaged in such a violation to declare void and rescind the contract involved where there has been a conviction of such offense or where the agency head determines that such a violation has occurred based on clear and convincing evidence. Entitles the United States to recover the amount expended under the contract in addition to any penalty if such a contract is declared void and rescinded. Specifies that such a violation affects the present responsibility of a Government contractor or subcontractor to facilitate initiation of debarment or suspension proceedings.
Requires Government-wide regulations and guidelines to carry out the Office of Federal Procurement Policy Act to be issued in the Federal Acquisition Regulation by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration, in coordination with the Federal Acquisition Regulatory Council. Repeals provisions regarding: (1) restrictions on gratuities; (2) restrictions on seeking employment; (3) restrictions on post-employment activities of former procurement officials; (4) certification; (5) ethics advice; and (6) training.
Repeals the following provisions suspended by the Ethics Reform Act of 1989: (1) provisions of the Department of Energy Organization Act regarding reporting requirements on prior employment for newly-appointed supervisors, postemployment and participation prohibitions and associated reporting requirements for former supervisors, and violations of postemployment prohibitions and associated reporting requirements considered in deciding the outcome of Department proceedings; (2) miscellaneous procurement requirements relating to private employment contacts between certain Department of Defense (DOD) procurement officials and defense contractors and certain former DOD procurement officials and the limitations on their employment by contractors; and (3) criminal code provisions imposing restrictions on retired military officers in certain matters affecting the Government.
Repeals certain miscellaneous procurement provisions not suspended by the Act regarding reporting requirements for employees and former employees of defense contractors and requirements on defense contractors regarding former DOD officials.
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
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