Page:United States Statutes at Large Volume 124.djvu/3796

 124 STAT. 3770 PUBLIC LAW 111–350—JAN. 4, 2011 (b) LIABILITY NOT AFFECTED BY REFUSAL TO SUBMIT CERTIFI- CATION.—Any liability under this section of a contractor that sub- mits cost or pricing data but refuses to submit the certification required by section 3502(b) of this title with respect to the cost or pricing data is not affected by the refusal to submit the certifi- cation. § 3508. Right to examine contractor records For the purpose of evaluating the accuracy, completeness, and currency of cost or pricing data required to be submitted by this chapter, an executive agency shall have the authority provided by section 4706(b)(2) of this title. § 3509. Notification of violations of Federal criminal law or overpayments (a) DEFINITION.—In this section, the term ‘‘covered contract’’ means any contract in an amount greater than $5,000,000 and more than 120 days in duration. (b) FEDERAL ACQUISITION REGULATION.—The Federal Acquisition Regulation shall include, pursuant to FAR Case 2007–006 (as pub- lished at 72 Fed. Reg. 64019, November 14, 2007) or any follow- on FAR case, provisions that require timely notification by Federal contractors of violations of Federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts, including those performed outside the United States and those for commercial items. CHAPTER 37—AWARDING OF CONTRACTS Sec. 3701. Basis of award and rejection. 3702. Sealed bids. 3703. Competitive proposals. 3704. Post-award debriefings. 3705. Pre-award debriefings. 3706. Encouragement of alternative dispute resolution. 3707. Antitrust violations. 3708. Protests. § 3701. Basis of award and rejection (a) AWARD.—An executive agency shall evaluate sealed bids and competitive proposals, and award a contract, based solely on the factors specified in the solicitation. (b) REJECTION.—All sealed bids or competitive proposals received in response to a solicitation may be rejected if the agency head determines that rejection is in the public interest. § 3702. Sealed bids (a) OPENING OF BIDS.—Sealed bids shall be opened publicly at the time and place stated in the solicitation. (b) CRITERIA FOR AWARDING CONTRACT.—The executive agency shall evaluate the bids in accordance with section 3701(a) of this title without discussions with the bidders and, except as provided in section 3701(b) of this title, shall award a contract with reason- able promptness to the responsible source whose bid conforms to the solicitation and is most advantageous to the Federal Govern- ment, considering only price and the other price-related factors included in the solicitation. (c) NOTICE OF AWARD.—The award of a contract shall be made by transmitting, in writing or by electronic means, notice of the