Page:United States Statutes at Large Volume 124.djvu/3799

 124 STAT. 3773 PUBLIC LAW 111–350—JAN. 4, 2011 (3) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency. (e) INFORMATION NOT TO BE DISCLOSED.—The debriefing con- ducted pursuant to this section may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or evaluation of other offerors’ proposals. (f) SUMMARY TO BE INCLUDED IN FILE.—The contracting officer shall include a summary of the debriefing in the contract file. § 3706. Encouragement of alternative dispute resolution The Federal Acquisition Regulation shall include a provision encouraging the use of alternative dispute resolution techniques to provide informal, expeditious, and inexpensive procedures for an offeror to consider using before filing a protest, prior to the award of a contract, of the exclusion of the offeror from the competi- tive range (or otherwise from further consideration) for that con- tract. § 3707. Antitrust violations If the agency head considers that a bid or proposal evidences a violation of the antitrust laws, the agency head shall refer the bid or proposal to the Attorney General for appropriate action. § 3708. Protests (a) PROTEST FILE.— (1) ESTABLISHMENT AND ACCESS.—If, in the case of a solicita- tion for a contract issued by, or an award or proposed award of a contract by, the head of an executive agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31, and an actual or prospective offeror requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors. (2) REDACTED INFORMATION.—Information exempt from disclosure under section 552 of title 5 may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise. (b) AGENCY ACTIONS ON PROTESTS.—If, in connection with a pro- test, the head of an executive agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the executive agency may— (1) take any action set out in subparagraphs (A) to (F) of subsection (b)(1) of section 3554 of title 31; and (2) pay costs described in paragraph (1) of section 3554(c) of title 31 within the limits referred to in paragraph (2) of section 3554(c). CHAPTER 39—SPECIFIC TYPES OF CONTRACTS Sec. 3901. Contracts awarded using procedures other than sealed-bid procedures. 3902. Severable services contracts for periods crossing fiscal years. 3903. Multiyear contracts. 3904. Contract authority for severable services contracts and multiyear contracts. 3905. Cost contracts. 3906. Cost-reimbursement contracts.