Page:United States Statutes at Large Volume 110 Part 1.djvu/687

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 663 has not been previously 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) The 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, his 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. "(3) The term 'Federal agency' has the meaning provided such term in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). "(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 'contracting officer' means a person 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 such a contract. "(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, United States Code. "(7) The term 'official' means the following: "(A) An officer, as defined in section 2104 of title 5, United States Code. "(B) An employee, as defined in section 2105 of title 5, United States Code. "(C) A member of the uniformed services, as defined in section 2101(3) of title 5, United States Code. "(g) LIMITATION ON PROTESTS.— No person may file a protest against the award or proposed award of a Federal agency procurement contract alleging a violation of subsection (a), (b), (c), or (d), nor may the Comptroller General of the United States consider such an allegation in deciding a protest, unless that person reported to the Federal agency responsible for the procurement, no later than 14 days after the person first discovered the possible violation, the information that the person believed constitutes evidence of the offense. "(h) SAVINGS PROVISIONS. —This section does not—

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