Sec. 204. Procurement sanctions
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Except as provided in this section, the United States Government may not procure, or enter into any contract for the procurement of, any goods or services from any designated person. The Federal Acquisition Regulation issued pursuant to section 1303 of title 41, United States Code, shall be revised to require that each person that is a prospective contractor submit a certification that such person does not engage in any of the conduct described in section 104(a). The revision referred to in paragraph
(1)shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. The Administrator of General Services shall include, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation, each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subsection (b). If the head of an executive agency determines that a person has submitted a false certification under subsection
(b)after the date on which the Federal Acquisition Regulation is revised to implement the requirements of this section, the head of such executive agency shall— terminate a contract with such person; or debar or suspend such person from eligibility for Federal contracts for a period of not more than 2 years. Any debarment or suspension under paragraph (2)(B) shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. The remedies specified in subsections
(a)through
(c)shall not apply with respect to the procurement of any eligible product (as defined in section 308(4) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2518(4) ) of any foreign country or instrumentality designated under section 301(b) of such Act (19 U.S.C. 2511(b)). Nothing in this subsection may be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (b). In this section, the term executive agency has the meaning given such term in section 133 of title 41, United States Code.
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