Page:United States Statutes at Large Volume 102 Part 5.djvu/62

 102 STAT. 4068

PUBLIC LAW 100-679—NOV. 17, 1988

"(3)(A) The term 'procurement official' means any civilian or military official or employee of an agency who has participated personally and substantially in the conduct of the agency procurement concerned, including all officials and employees who are responsible for reviewing or approving the procurement, as further defined by applicable implementing r^ulations. "(B) For purposes of subparagraph (A), the term 'employee of an agency* includes a contractor, subcontractor, consultant, expert, or adviser (other than a competing contractor) acting on behalf of, or providing advice to, the agency with respect to any phase of the agency procurement concerned. "(4) The term 'contracting officer* means any official or employee of a Federal agency who has been authorized by the agency head or his or her designee to enter into, administer, or terminate contracts and m £ ^ related determinations and findings. "(5) The term Federal agency' has the meaning provided by section 3(b) of the Federal ^t)perty and Administrative Services Act of 1949 (40 U.S.C. 472(b)). "(6) The term 'proprietary information' means— "(A) information contained in a bid or proposal; "(B) cost or pricing data; or "(Q any other information submitted to the Government by a contractor and designated as proprietary, in accordance with law or r^ulation, by the contractor, the head of the agency, or the contracting officer. "(7) The term 'source selection information' means information determined by the head of the agency or the contracting officer to be information— "(A) the disclosure of which to a competing contractor would jeopardize the i n t ^ ^ t y or successfid completion of the procurement concerned; and be secured in a source selection file or other restricted facility to prevent such disclosure; as further defined by regulations issued pursuant to subsection (m) of this section.". 41 USC 423 note. (b) EFTBCTIVB DATB.—The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act. 41 USC 405 note.
 * 'W>) which is required by statute, regulation, or order to

SEC 7. PROFIT METHODOLOGY STUDY.

(a) IN GENERAL.—The Administrator shall conduct a study to develop a consistent methodology which executive agencies should use for measuring the profits earned by government contractors on procurements, other than procurements where the price is based on adequate price competition or on established catalog or market prices of conunercial items sold in substantial quantities to the general public (b) CoiiiTRACTORs' FINANCIAL DATA.—The methodology developed under subsection (a) shall include adequate procedures for verifying and maintaining the confidentiality of contractors' financial data. SEC 8. DEFINITION OF ARCHTTECTURAL AND ENGINEERING SERVICES. Section 901 of the Federal Property and Administrative Services Act of 1949 (40 UJS.C. 541) is amended by striking out paragraph (3) and inserting the following:

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