Sec. 204. Procurement sanctions
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/bill/114/hr/757/rs/section-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. A R The Federal Acquisition Regulation issued pursuant to section 1303 of title 41, United States Code, shall be revised to require a certification from each person that is a prospective contractor that such person does not engage in any of the conduct described in subsection
(a)or
(b)of section 104. Such revision shall apply with respect to contracts in an amount greater than the simplified acquisition threshold (as defined in section 134 of title 41, United States Code) for which solicitations are issued on or after the date that is 90 days after the date of the enactment of this Act. Except as provided in paragraph (2), the head of an executive agency shall terminate a contract with a person who has provided a false certification under subsection (b). The head of an executive agency may waive the requirement under paragraph
(1)with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives the requirement under paragraph
(1)for a person, the head of the agency shall submit to the appropriate congressional committees, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. The head of an executive agency shall initiate a suspension and debarment proceeding against a person who has provided a false certification under subsection (b). Upon determination of suspension, debarment, or proposed debarment, the agency shall ensure that such person is entered into the Governmentwide database containing the list of all excluded parties ineligible for Federal programs pursuant to Executive Order No. 12549 ( 31 U.S.C. 6101 note; relating to debarment and suspension) and Executive Order No. 12689 ( 31 U.S.C. 6101 note; relating to debarment and suspension). The remedies specified in subsections
(a)through
(c)shall not apply with respect to the procurement of eligible products, 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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Sec. 204
Procurement sanctions
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