(1) Contracting officer.— The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract.
(2) Contractor bid or proposal information.— The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:
(A)Cost or pricing data (as defined in section
2306a(h) of title
10 with respect to procurements subject to that section and section
3501(a) of this title with respect to procurements subject to that section).
(B)Indirect costs and direct labor rates.
(C)Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.
(D)Information marked by the contractor as “contractor bid or proposal information”, in accordance with applicable law or regulation.
(3) Federal agency.— The term “Federal agency” has the meaning given that term in section
102 of title
(4) Federal agency procurement.— The term “Federal agency procurement” means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds.
(5) Official.— The term “official” means—
(A)an officer, as defined in section
2104 of title
(B)an employee, as defined in section
2105 of title
(C)a member of the uniformed services, as defined in section
2101(3) of title
(6) Protest.— The term “protest” means a written objection by an interested party to the award or proposed award of a Federal agency procurement contract, pursuant to subchapter
V of chapter
35 of title
(7) Source selection information.— The term “source selection information” means any of the following information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly:
(A)Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.
(B)Proposed costs or prices submitted in response to a Federal agency solicitation, or lists of those proposed costs or prices.
(C)Source selection plans.
(D)Technical evaluation plans.
(E)Technical evaluations of proposals.
(F)Cost or price evaluations of proposals.
(G)Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.
(H)Rankings of bids, proposals, or competitors.
(I)Reports and evaluations of source selection panels, boards, or advisory councils.
(J)Other information marked as “source selection information” based on a case-by-case determination by the head of the agency, the head’s designee, or the contracting officer that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates.
Pub. L. 93–400, § 27(f), 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. 662.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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