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

Summary

Defines key words used for federal government contracting. "Contracting officer" is a person appointed under the rules who can sign government procurement contracts and make decisions about them. "Contractor bid or proposal information" is nonpublic information a company gives with a bid, such as cost or pricing data, indirect costs and labor rates, confidential manufacturing details, or anything the company marks as bid or proposal information under the rules. "Federal agency" means what section 102 of title 40 says it means. "Federal agency procurement" is the buying of goods or services (including construction) from non‑federal sources using competitive procedures and appropriated funds. "Official" covers officers, employees, and members of the uniformed services as defined in title 5. "Protest" is a written complaint by an interested party about the award or proposed award of a procurement under the protest rules in chapter 35 of title 31. "Source selection information" is nonpublic material used to evaluate bids or proposals, like bid prices, proposed costs, evaluation plans and reports, rankings, competitive‑range decisions, panel reports, and other items the agency labels 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