Page:United States Statutes at Large Volume 124.djvu/3754

 124 STAT. 3728 PUBLIC LAW 111–350—JAN. 4, 2011 (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 pro- posals 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. § 2102. Prohibitions on disclosing and obtaining procure- ment information (a) PROHIBITION ON DISCLOSING PROCUREMENT INFORMATION.— (1) IN GENERAL.—Except as provided by law, a person described in paragraph (3) shall not knowingly disclose con- tractor bid or proposal information or source selection informa- tion before the award of a Federal agency procurement contract to which the information relates. (2) EMPLOYEE OF PRIVATE SECTOR ORGANIZATION.—In addition to the restriction in paragraph (1), an employee of a private sector organization assigned to an agency under chapter 37 of title 5 shall not knowingly disclose contractor bid or proposal information or source selection information during the 3-year period after the employee’s assignment ends, except as provided by law. (3) APPLICATION.—Paragraph (1) applies to a person that— (A)(i) is a present or former official of the Federal Govern- ment; or (ii) is acting or has acted for or on behalf of, or who is advising or has advised the Federal Government with respect to, a Federal agency procurement; and (B) by virtue of that office, employment, or relationship has or had access to contractor bid or proposal information or source selection information. (b) PROHIBITION ON OBTAINING PROCUREMENT INFORMATION.— Except as provided by law, a person shall not knowingly obtain contractor bid or proposal information or source selection informa- tion before the award of a Federal agency procurement contract to which the information relates. § 2103. Actions required of procurement officers when con- tacted regarding non-Federal employment (a) ACTIONS REQUIRED.—An agency official participating person- ally and substantially in a Federal agency procurement for a con- tract in excess of the simplified acquisition threshold who contacts or is contacted by a person that is a bidder or offeror in that Federal agency procurement regarding possible non-Federal employ- ment for that official shall—