{"identifier":"/us/usc/t41/s2101","title":41,"num":"\u00a7\u202f2101.","heading":"Definitions","text":"\u00a7\u202f2101.\nDefinitions\nIn this chapter:\n(1)\nContracting officer.\u2014\nThe term \u201ccontracting officer\u201d 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.\n(2)\nContractor bid or proposal information.\u2014\nThe term \u201ccontractor bid or proposal information\u201d 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:\n(A) Cost or pricing data (as defined in\nsection 3701 of title 10\nsection 3501(a) of this title\n(B) Indirect costs and direct labor rates.\n(C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.\n(D) Information marked by the contractor as \u201ccontractor bid or proposal information\u201d, in accordance with applicable law or regulation.\n(3)\nFederal agency.\u2014\nThe term \u201cFederal agency\u201d has the meaning given that term in\nsection 102 of title 40\n(4)\nFederal agency procurement.\u2014\nThe term \u201cFederal agency procurement\u201d 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.\n(5)\nOfficial.\u2014\nThe term \u201cofficial\u201d means\u2014\n(A) an officer, as defined in\nsection 2104 of title 5\n(B) an employee, as defined in\nsection 2105 of title 5\n(C) a member of the uniformed services, as defined in\nsection 2101(3) of title 5\n(6)\nProtest.\u2014\nThe term \u201cprotest\u201d 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 31.\n(7)\nSource selection information.\u2014\nThe term \u201csource selection information\u201d 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:\n(A) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.\n(B) Proposed costs or prices submitted in response to a Federal agency solicitation, or lists of those proposed costs or prices.\n(C) Source selection plans.\n(D) Technical evaluation plans.\n(E) Technical evaluations of proposals.\n(F) Cost or price evaluations of proposals.\n(G) Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.\n(H) Rankings of bids, proposals, or competitors.\n(I) Reports and evaluations of source selection panels, boards, or advisory councils.\n(J) Other information marked as \u201csource selection information\u201d based on a case-by-case determination by the head of the agency, the head\u2019s 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.","url":"https://projectusc.org/usc/t41/s2101.html","content":[{"t":"sec","id":"/us/usc/t41/s2101","children":[{"t":"num","text":"\u00a7\u202f2101."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t41/s2101/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Contracting officer.\u2014"},{"t":"content","text":"The term \u201ccontracting officer\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2101/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Contractor bid or proposal information.\u2014"},{"t":"chapeau","text":"The term \u201ccontractor bid or proposal information\u201d 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:"},{"t":"subpara","id":"/us/usc/t41/s2101/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Cost or pricing data (as defined in ","children":[{"t":"ref","text":"section 3701 of title 10","href":"/us/usc/t10/s3701","tail":" with respect to procurements subject to that section and "},{"t":"ref","text":"section 3501(a) of this title","href":"/us/usc/t41/s3501/a","tail":" with respect to procurements subject to that section)."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Indirect costs and direct labor rates.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Information marked by the contractor as \u201ccontractor bid or proposal information\u201d, in accordance with applicable law or regulation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2101/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Federal agency.\u2014"},{"t":"content","text":"The term \u201cFederal agency\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 102 of title 40","href":"/us/usc/t40/s102","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2101/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Federal agency procurement.\u2014"},{"t":"content","text":"The term \u201cFederal agency procurement\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2101/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Official.\u2014"},{"t":"chapeau","text":"The term \u201cofficial\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t41/s2101/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an officer, as defined in ","children":[{"t":"ref","text":"section 2104 of title 5","href":"/us/usc/t5/s2104","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an employee, as defined in ","children":[{"t":"ref","text":"section 2105 of title 5","href":"/us/usc/t5/s2105","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a member of the uniformed services, as defined in ","children":[{"t":"ref","text":"section 2101(3) of title 5","href":"/us/usc/t5/s2101/3","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2101/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Protest.\u2014"},{"t":"content","text":"The term \u201cprotest\u201d 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 31.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s2101/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Source selection information.\u2014"},{"t":"chapeau","text":"The term \u201csource selection information\u201d 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:"},{"t":"subpara","id":"/us/usc/t41/s2101/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Proposed costs or prices submitted in response to a Federal agency solicitation, or lists of those proposed costs or prices.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Source selection plans.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Technical evaluation plans.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Technical evaluations of proposals.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" Cost or price evaluations of proposals.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" Rankings of bids, proposals, or competitors.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" Reports and evaluations of source selection panels, boards, or advisory councils.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s2101/7/J","children":[{"t":"num","text":"(J)"},{"t":"content","text":" Other information marked as \u201csource selection information\u201d based on a case-by-case determination by the head of the agency, the head\u2019s 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}