§2101 — Title 41 Public Contracts | U.S. Code

Summary

Defines common words used here about federal buying and what information must stay private. It explains who can sign and decide on government contracts, what kinds of contractor material are protected, what counts as a federal agency and a federal procurement, who counts as an “official,” what a protest is, and what “source selection information” covers. Contracting officer — a person appointed under the rules who can sign a federal procurement contract and make related contract decisions. Contractor bid or proposal information — four types: cost or pricing data (see 10 U.S.C. 3701 and 41 U.S.C. 3501(a)), indirect costs and labor rates, proprietary manufacturing/process details the contractor marks, and any material the contractor marks as bid or proposal information. Federal agency — as defined in 40 U.S.C. 102. Federal agency procurement — buying goods or services (including construction) competitively with appropriated funds and awarding a contract. Official — includes officers (5 U.S.C. 2104), employees (5 U.S.C. 2105), and uniformed service members (5 U.S.C. 2101(3)). Protest — a written objection by an interested party under subchapter V of chapter 35 of title 31. Source selection information — examples include bid prices before opening, proposed costs, selection and evaluation plans and reports, competitive-range decisions, rankings, panel reports, and other items the agency head, designee, or contracting officer marks as such when disclosure would harm the procurement.

Title 41, §2101

Public Contracts — Source: USLM XML via OLRC

In this chapter:

(1)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)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 3701 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)The term “Federal agency” has the meaning given that term in section 102 of title 40.

(4)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)The term “official” means—

(A)an officer, as defined in section 2104 of title 5;

(B)an employee, as defined in section 2105 of title 5; and

(C)a member of the uniformed services, as defined in section 2101(3) of title 5.

(6)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 31.

(7)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 2101(1)41:423(f)(5).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. 2101(2)41:423(f)(1). 2101(3)41:423(f)(3). 2101(4)41:423(f)(4). 2101(5)41:423(f)(7). 2101(6)41:423(f)(6). 2101(7)41:423(f)(2).

Editorial Notes

Amendments

2021—Par. (2)(A). Pub. L. 117–81 substituted “section 3701” for “section 2306a(h)”.

§2101 Definitions