HR 5414 RH 
under section 845 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103–160, 10 U.S.C. 2371 note), including 
that, to the maximum extent practicable, competitive procedures shall 
be used when entering into agreements to carry out projects under sec-
tion 845(a) of that Act and that the period of authority to carry out 
projects under section 845(a) of that Act terminates as provided in sec-
tion 845(g) of that Act. 
(3) APPLICATION OF REQUIREMENTS AND CONDITIONS.—In applying 
the requirements and conditions of section 845 of that Act under this 
subsection— 
(A) section 845(c) of that Act shall apply with respect to proto-
type projects carried out under paragraph (2); and 
(B) the Director of the Office of Management and Budget shall 
perform the functions of the Secretary of Defense under section 
845(d) of that Act. 
(4) APPLICABILITY TO SELECTED EXECUTIVE AGENCIES.— 
(A) OFFICE OF MANAGEMENT AND BUDGET.—The head of an 
executive agency may exercise authority under this subsection for 
a project only if authorized by the Director of the Office of Man-
agement and Budget. 
(B) DEPARTMENT OF HOMELAND SECURITY.—Authority under 
this subsection does not apply to the Secretary of Homeland Secu-
rity while section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is in effect. 
(b) REGULATIONS.—The Director of the Office of Management and 
Budget shall prescribe regulations to carry out this section. No transaction 
may be conducted under the authority of this section before the regulations 
take effect. 
(c) ANNUAL REPORT.—The annual report of the head of an executive 
agency that is required under section 2371(h) of title 10, as applied to the 
head of the executive agency by subsection (a), shall be submitted to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Government Reform of the House of Representatives. 
(d) TERMINATION OF AUTHORITY.—The authority to carry out trans-
actions under subsection (a) terminates on September 30, 2008. 
§ 1905. List of laws inapplicable to contracts or subcontracts 
not greater than simplified acquisition threshold 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the meaning 
given that term in section 1301 of this title. 
(b) INCLUSION IN FEDERAL ACQUISITION REGULATION.— 
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(1) IN GENERAL.—The Federal Acquisition Regulation shall include 
a list of provisions of law that are inapplicable to contracts or sub-
contracts in amounts not greater than the simplified acquisition thresh-
old. A provision of law properly included on the list pursuant to para-
graph (2) does not apply to contracts or subcontracts in amounts not 
greater than the simplified acquisition threshold that are made by an 
executive agency. This section does not render a provision of law not 
included on the list inapplicable to contracts and subcontracts in 
amounts not greater than the simplified acquisition threshold. 
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A provision of law 
described in subsection (c) that is enacted after October 13, 1994, shall 
be included on the list of inapplicable provisions of laws required by 
paragraph (1) unless the Council makes a written determination that 
it would not be in the best interest of the Federal Government to ex-
empt contracts or subcontracts in amounts not greater than the sim-
plified acquisition threshold from the applicability of the provision. 
(c) COVERED LAW.—A provision of law referred to in subsection (b)(2) 
is a provision of law that the Council determines sets forth policies, proce-
dures, requirements, or restrictions for the procurement of property or serv-
ices by the Federal Government, except for a provision of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, notwith-
standing this section, it shall be applicable to contracts or subcontracts 
in amounts not greater than the simplified acquisition threshold. 
(d) PETITION.—A person may petition the Administrator to take appro-
priate action when a provision of law described in subsection (c) is not in-
cluded on the list of inapplicable provisions of law as required by subsection 
(b) and the Council has not made a written determination pursuant to sub-
section (b)(2). The Administrator shall revise the Federal Acquisition Regu-
lation to include the provision on the list of inapplicable provisions of law 
unless the Council makes a determination pursuant to subsection (b)(2) 
within 60 days after the petition is received. 
§ 1906. List of laws inapplicable to procurements of commer-
cial items 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the meaning 
given that term in section 1301 of this title. 
(b) CONTRACTS.— 
(1) INCLUSION IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral Acquisition Regulation shall include a list of provisions of law that 
are inapplicable to contracts for the procurement of commercial items. 
A provision of law properly included on the list pursuant to paragraph 
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(2) does not apply to purchases of commercial items by an executive 
agency. This section does not render a provision of law not included 
on the list inapplicable to contracts for the procurement of commercial 
items. 
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A provision of law 
described in subsection (d) that is enacted after October 13, 1994, 
shall be included on the list of inapplicable provisions of law required 
by paragraph (1) unless the Council makes a written determination 
that it would not be in the best interest of the Federal Government 
to exempt contracts for the procurement of commercial items from the 
applicability of the provision. 
(c) SUBCONTRACTS.— 
(1) DEFINITION.—In this subsection, the term ‘‘subcontract’’ in-
cludes a transfer of commercial items between divisions, subsidiaries, 
or affiliates of a contractor or subcontractor. 
(2) INCLUSION IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral Acquisition Regulation shall include a list of provisions of law that 
are inapplicable to subcontracts under a contract or subcontract for the 
procurement of commercial items. A provision of law properly included 
on the list pursuant to paragraph (3) does not apply to those sub-
contracts. This section does not render a provision of law not included 
on the list inapplicable to subcontracts under a contract for the pro-
curement of commercial items. 
(3) PROVISIONS TO BE EXCLUDED FROM LIST.—A provision of law 
described in subsection (d) shall be included on the list of inapplicable 
provisions of law required by paragraph (2) unless the Council makes 
a written determination that it would not be in the best interest of the 
Federal Government to exempt subcontracts under a contract for the 
procurement of commercial items from the applicability of the provi-
sion. 
(4) WAIVER NOT AUTHORIZED.—This subsection does not authorize 
the waiver of the applicability of any provision of law with respect to 
any subcontract under a contract with a prime contractor reselling or 
distributing commercial items of another contractor without adding 
value. 
(d) COVERED LAW.—A provision of law referred to in subsections (b)(2) 
and (c) is a provision of law that the Council determines sets forth policies, 
procedures, requirements, or restrictions for the procurement of property or 
services by the Federal Government, except for a provision of law that— 
(1) provides for criminal or civil penalties; or 
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(2) specifically refers to this section and provides that, notwith-
standing this section, it shall be applicable to contracts for the procure-
ment of commercial items. 
(e) PETITION.—A person may petition the Administrator to take appro-
priate action when a provision of law described in subsection (d) is not in-
cluded on the list of inapplicable provisions of law as required by subsection 
(b) or (c) and the Council has not made a written determination pursuant 
to subsection (b)(2) or (c)(3). The Administrator shall revise the Federal 
Acquisition Regulation to include the provision on the list of inapplicable 
provisions of law unless the Council makes a determination pursuant to sub-
section (b)(2) or (c)(3) within 60 days after the petition is received. 
§ 1907. List of laws inapplicable to procurements of commer-
cially available off-the-shelf items 
(a) INCLUSION IN FEDERAL ACQUISITION REGULATION.— 
(1) IN GENERAL.—The Federal Acquisition Regulation shall include 
a list of provisions of law that are inapplicable to contracts for the pro-
curement of commercially available off-the-shelf items. A provision of 
law properly included on the list pursuant to paragraph (2) does not 
apply to contracts for the procurement of commercially available off- 
the-shelf items. This section does not render a provision of law not in-
cluded on the list inapplicable to contracts for the procurement of com-
mercially available off-the-shelf items. 
(2) LAWS TO BE INCLUDED.—A provision of law described in sub-
section (b) shall be included on the list of inapplicable provisions of law 
required by paragraph (1) unless the Administrator makes a written 
determination that it would not be in the best interest of the Federal 
Government to exempt contracts for the procurement of commercially 
available off-the-shelf items from the applicability of the provision. 
(3) OTHER AUTHORITIES OR RESPONSIBILITIES NOT AFFECTED.— 
This section does not modify, supersede, impair, or restrict authorities 
or responsibilities under— 
(A) section 15 of the Small Business Act (15 U.S.C. 644); or 
(B) bid protest procedures developed under the authority of— 
(i) subchapter V of chapter 35 of title 31; 
(ii) section 2305(e) and (f) of title 10; or 
(iii) sections 3706 and 3707 of this title. 
(b) COVERED LAW.—Except as provided in subsection (a)(3), a provision 
of law referred to in subsection (a)(1) is a provision of law that the Admin-
istrator determines imposes Federal Government-unique policies, proce-
dures, requirements, or restrictions for the procurement of property or serv-
ices on persons whom the Federal Government has awarded contracts for 
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the procurement of commercially available off-the-shelf items, except for a 
provision of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, notwith-
standing this section, it shall be applicable to contracts for the procure-
ment of commercially available off-the-shelf items. 
§ 1908. Inflation adjustment of acquisition-related dollar 
thresholds 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the meaning 
given that term in section 1301 of this title. 
(b) APPLICATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the require-
ment for adjustment under subsection (c) applies to a dollar threshold 
that is specified in law as a factor in defining the scope of the applica-
bility of a policy, procedure, requirement, or restriction provided in that 
law to the procurement of property or services by an executive agency, 
as the Council determines. 
(2) EXCEPTIONS.—Subsection (c) does not apply to dollar thresh-
olds— 
(A) in chapter 67 of this title; 
(B) in sections 3141 to 3144, 3146, and 3147 of title 40; or 
(C) the United States Trade Representative establishes pursu-
ant to title III of the Trade Agreements Act of 1979 (19 U.S.C. 
2511 et seq.). 
(3) RELATIONSHIP TO OTHER INFLATION ADJUSTMENT AUTHORI-
TIES.—This section supersedes the applicability of other provisions of 
law that provide for the adjustment of a dollar threshold that is adjust-
able under this section. 
(c) REQUIREMENT FOR PERIODIC ADJUSTMENT.— 
(1) BASELINE CONSTANT DOLLAR VALUE.—For purposes of para-
graph (2), the baseline constant dollar value for a dollar threshold— 
(A) in effect on October 1, 2000, that was first specified in a 
law that took effect on or before October 1, 2000, is the October 
1, 2000, constant dollar value of that dollar threshold; and 
(B) specified in a law that takes effect after October 1, 2000, 
is the constant dollar value of that threshold as of the effective 
date of that dollar threshold pursuant to that law. 
(2) ADJUSTMENT.—On October 1 of each year evenly divisible by 5, 
the Council shall adjust each acquisition-related dollar threshold pro-
vided by law, as described in subsection (b)(1), to the baseline constant 
dollar value of that threshold. 
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(3) EXCLUSIVE MEANS OF ADJUSTMENT.—A dollar threshold adjust-
able under this section shall be adjusted only as provided in this sec-
tion. 
(d) PUBLICATION.—The Council shall publish a notice of the adjusted 
dollar thresholds under this section in the Federal Register. The thresholds 
take effect on the date of publication. 
(e) CALCULATION.—An adjustment under this section shall be— 
(1) calculated on the basis of changes in the Consumer Price Index 
for all-urban consumers published monthly by the Secretary of Labor; 
and 
(2) rounded, in the case of a dollar threshold that on the day before 
the adjustment is— 
(A) less than $10,000, to the nearest $500; 
(B) not less than $10,000, but less than $100,000, to the near-
est $5,000; 
(C) not less than $100,000, but less than $1,000,000, to the 
nearest $50,000; and 
(D) $1,000,000 or more, to the nearest $500,000. 
(f) PETITION FOR INCLUSION OF OMITTED THRESHOLD.— 
(1) PETITION SUBMITTED TO ADMINISTRATOR.—A person may re-
quest adjustment of a dollar threshold adjustable under this section 
that is not included in a notice of adjustment published under sub-
section (d) by submitting a petition for adjustment to the Adminis-
trator. 
(2) ACTIONS OF ADMINISTRATOR.—On receipt of a petition for ad-
justment of a dollar threshold under paragraph (1), the Adminis-
trator— 
(A) shall determine, in writing, whether the dollar threshold is 
required to be adjusted under this section; and 
(B) on determining that it should be adjusted, shall publish in 
the Federal Register a revised notice of the adjustment dollar 
thresholds under this section that includes the adjustment of the 
dollar threshold covered by the petition. 
(3) EFFECTIVE DATE OF ADJUSTMENT BY PETITION.—The adjust-
ment of a dollar threshold pursuant to a petition under this subsection 
takes effect on the date the revised notice adding the adjustment under 
paragraph (2)(B) is published. 
CHAPTER 21—RESTRICTIONS ON OBTAINING AND 
DISCLOSING CERTAIN INFORMATION 
Sec. 
2101.
Definitions. 
2102.
Prohibitions on disclosing and obtaining procurement information. 
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2103.
Actions required of procurement officers when contacted regarding non-Federal em-
ployment. 
2104.
Prohibition on former official’s acceptance of compensation from contractor. 
2105.
Penalties and administrative actions. 
2106.
Reporting information believed to constitute evidence of offense. 
2107.
Savings provisions. 
§ 2101. Definitions 
In this chapter: 
(1) CONTRACTING OFFICER.—The term ‘‘contracting officer’’ means 
an individual who, by appointment in accordance with applicable regu-
lations, 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 the contract. 
(2) CONTRACTOR BID OR PROPOSAL INFORMATION.—The term ‘‘con-
tractor bid or proposal information’’ means any of the following infor-
mation submitted to a Federal agency as part of, or in connection with, 
a bid or proposal to enter into a Federal agency procurement contract, 
if that information previously has not been made available to the public 
or disclosed publicly: 
(A) Cost or pricing data (as defined in section 2306a(h) of title 
10 with respect to procurements subject to that section and sec-
tion 3501 of this title with respect to procurements subject to that 
section). 
(B) Indirect costs and direct labor rates. 
(C) Proprietary information about manufacturing processes, op-
erations, or techniques marked by the contractor in accordance 
with applicable law or regulation. 
(D) Information marked by the contractor as ‘‘contractor bid or 
proposal information’’, in accordance with applicable law or regu-
lation. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the mean-
ing given that term in section 102 of title 40. 
(4) FEDERAL AGENCY PROCUREMENT.—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 
amounts. 
(5) OFFICIAL.—The term ‘‘official’’ means— 
(A) an officer, as defined in section 2104 of title 5; 
(B) an employee, as defined in section 2105 of title 5; and 
(C) a member of the uniformed services, as defined in section 
2101(3) of title 5. 
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(6) PROTEST.—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. 
(7) SOURCE SELECTION INFORMATION.—The term ‘‘source selection 
information’’ means any of the following information prepared for use 
by a Federal agency to evaluate a bid or proposal to enter into a Fed-
eral agency procurement contract, if that information previously has 
not been made available to the public or disclosed publicly: 
(A) Bid prices submitted in response to a Federal agency solici-
tation 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) 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 Fed-
eral 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 contractor bid or proposal 
information or source selection information before the award of a Fed-
eral 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 organi-
zation assigned to an agency under chapter 37 of title 5 shall not 
knowingly disclose contractor bid or proposal information or source se-
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lection information during the 3-year period after the employee’s as-
signment 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 Government; 
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 se-
lection 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 information 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 personally and 
substantially in a Federal agency procurement for a contract 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 employment for that official shall— 
(1) promptly report the contact in writing to the official’s supervisor 
and to the designated agency ethics official (or designee) of the agency 
in which the official is employed; and 
(2)(A) reject the possibility of non-Federal employment; or 
(B) disqualify himself or herself from further personal and substan-
tial participation in that Federal agency procurement until the agency 
authorizes the official to resume participation in the procurement, in 
accordance with the requirements of section 208 of title 18 and appli-
cable agency regulations on the grounds that— 
(i) the person is no longer a bidder or offeror in that Federal 
agency procurement; or 
(ii) all discussions with the bidder or offeror regarding possible 
non-Federal employment have terminated without an agreement or 
arrangement for employment. 
(b) RETENTION OF REPORTS.—The agency shall retain each report re-
quired by this section for not less than 2 years following the submission of 
the report. The reports shall be made available to the public on request, ex-
cept that any part of a report that is exempt from the disclosure require-
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ments of section 552(b)(1) of title 5 may be withheld from disclosure to the 
public. 
(c) PERSONS SUBJECT TO PENALTIES.—The following are subject to the 
penalties and administrative actions set forth in section 2105 of this title: 
(1) An official who knowingly fails to comply with the requirements 
of this section. 
(2) A bidder or offeror that engages in employment discussions with 
an official who is subject to the restrictions of this section, knowing 
that the official has not complied with paragraph (1) or (2) of sub-
section (a). 
§ 2104. Prohibition on former official’s acceptance of com-
pensation from contractor 
(a) PROHIBITION.—A former official of a Federal agency may not accept 
compensation from a contractor as an employee, officer, director, or consult-
ant of the contractor within one year after the official— 
(1) served, when the contractor was selected or awarded a contract, 
as the procuring contracting officer, the source selection authority, a 
member of the source selection evaluation board, or the chief of a fi-
nancial or technical evaluation team in a procurement in which that 
contractor was selected for award of a contract in excess of 
$10,000,000; 
(2) served as the program manager, deputy program manager, or ad-
ministrative contracting officer for a contract in excess of $10,000,000 
awarded to that contractor; or 
(3) personally made for the Federal agency a decision to— 
(A) award a contract, subcontract, modification of a contract or 
subcontract, or a task order or delivery order in excess of 
$10,000,000 to that contractor; 
(B) establish overhead or other rates applicable to one or more 
contracts for that contractor that are valued in excess of 
$10,000,000; 
(C) approve issuance of one or more contract payments in ex-
cess of $10,000,000 to that contractor; or 
(D) pay or settle a claim in excess of $10,000,000 with that 
contractor. 
(b) WHEN COMPENSATION MAY BE ACCEPTED.—Subsection (a) does not 
prohibit a former official of a Federal agency from accepting compensation 
from a division or affiliate of a contractor that does not produce the same 
or similar products or services as the entity of the contractor that is respon-
sible for the contract referred to in paragraph (1), (2), or (3) of subsection 
(a). 
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(c) IMPLEMENTING REGULATIONS.—Regulations implementing this sec-
tion shall include procedures for an official or former official of a Federal 
agency to request advice from the appropriate designated agency ethics offi-
cial regarding whether the official or former official is or would be precluded 
by this section from accepting compensation from a particular contractor. 
(d) PERSONS SUBJECT TO PENALTIES.—The following are subject to the 
penalties and administrative actions set forth in section 2105 of this title: 
(1) A former official who knowingly accepts compensation in viola-
tion of this section. 
(2) A contractor that provides compensation to a former official 
knowing that the official accepts the compensation in violation of this 
section. 
§ 2105. Penalties and administrative actions 
(a) CRIMINAL PENALTIES.—A person that violates section 2102 of this 
title to exchange information covered by section 2102 of this title for any-
thing of value or to obtain or give a person a competitive advantage in the 
award of a Federal agency procurement contract shall be fined under title 
18, imprisoned for not more than 5 years, or both. 
(b) CIVIL PENALTIES.—The Attorney General may bring a civil action in 
an appropriate district court of the United States against a person that en-
gages in conduct that violates section 2102, 2103, or 2104 of this title. On 
proof of that conduct by a preponderance of the evidence— 
(1) an individual is liable to the Federal Government for a civil pen-
alty of not more than $50,000 for each violation plus twice the amount 
of compensation that the individual received or offered for the prohib-
ited conduct; and 
(2) an organization is liable to the Federal Government for a civil 
penalty of not more than $500,000 for each violation plus twice the 
amount of compensation that the organization received or offered for 
the prohibited conduct. 
(c) ADMINISTRATIVE ACTIONS.— 
(1) TYPES OF ACTION THAT FEDERAL AGENCY MAY TAKE.—A Fed-
eral agency that receives information that a contractor or a person has 
violated section 2102, 2103, or 2104 of this title shall consider taking 
one or more of the following actions, as appropriate: 
(A) Canceling the Federal agency procurement, if a contract has 
not yet been awarded. 
(B) Rescinding a contract with respect to which— 
(i) the contractor or someone acting for the contractor has 
been convicted for an offense punishable under subsection (a); 
or 
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(ii) the head of the agency that awarded the contract has 
determined, based on a preponderance of the evidence, that 
the contractor or a person acting for the contractor has en-
gaged in conduct constituting the offense. 
(C) Initiating a suspension or debarment proceeding for the pro-
tection of the Federal Government in accordance with procedures 
in the Federal Acquisition Regulation. 
(D) Initiating an adverse personnel action, pursuant to the pro-
cedures in chapter 75 of title 5 or other applicable law or regula-
tion. 
(2) AMOUNT GOVERNMENT ENTITLED TO RECOVER.—When a Fed-
eral agency rescinds a contract pursuant to paragraph (1)(B), the Fed-
eral Government is entitled to recover, in addition to any penalty pre-
scribed by law, the amount expended under the contract. 
(3) PRESENT RESPONSIBILITY AFFECTED BY CONDUCT.—For pur-
poses of a suspension or debarment proceeding initiated pursuant to 
paragraph (1)(C), engaging in conduct constituting an offense under 
section 2102, 2103, or 2104 of this title affects the present responsi-
bility of a Federal Government contractor or subcontractor. 
§ 2106. Reporting information believed to constitute evi-
dence of offense 
A person may not file a protest against the award or proposed award of 
a Federal agency procurement contract alleging a violation of section 2102, 
2103, or 2104 of this title, and the Comptroller General may not consider 
that allegation in deciding a protest, unless the person, no later than 14 
days after the person first discovered the possible violation, reported to the 
Federal agency responsible for the procurement the information that the 
person believed constitutes evidence of the offense. 
§ 2107. Savings provisions 
This chapter does not— 
(1) restrict the disclosure of information to, or its receipt by, a per-
son or class of persons authorized, in accordance with applicable agency 
regulations or procedures, to receive that information; 
(2) restrict a contractor from disclosing its own bid or proposal in-
formation or the recipient from receiving that information; 
(3) restrict the disclosure or receipt of information relating to a Fed-
eral agency procurement after it has been canceled by the Federal 
agency before contract award unless the Federal agency plans to re-
sume the procurement; 
(4) prohibit individual meetings between a Federal agency official 
and an offeror or potential offeror for, or a recipient of, a contract or 
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subcontract under a Federal agency procurement, provided that unau-
thorized disclosure or receipt of contractor bid or proposal information 
or source selection information does not occur; 
(5) authorize the withholding of information from, nor restrict its re-
ceipt by, Congress, a committee or subcommittee of Congress, the 
Comptroller General, a Federal agency, or an inspector general of a 
Federal agency; 
(6) authorize the withholding of information from, nor restrict its re-
ceipt by, the Comptroller General in the course of a protest against the 
award or proposed award of a Federal agency procurement contract; 
or 
(7) limit the applicability of a requirement, sanction, contract pen-
alty, or remedy established under another law or regulation. 
CHAPTER 23—MISCELLANEOUS 
Sec. 
2301.
Use of electronic commerce in Federal procurement. 
2302.
Rights in technical data. 
2303.
Conflict of interest standards for consultants. 
2304.
Authority of Director of Office of Management and Budget not affected. 
2305.
Openness of meetings. 
2306.
Comptroller General’s access to information. 
2307.
Modular contracting for information technology. 
2308.
Protection of constitutional rights of contractors. 
2309.
Performance-based contracts or task orders for services to be treated as contracts for 
the procurement of commercial items. 
§ 2301. Use of electronic commerce in Federal procurement 
(a) DEFINITION.—For the purposes of this section, the term ‘‘electronic 
commerce’’ means electronic techniques for accomplishing business trans-
actions, including electronic mail or messaging, World Wide Web technology, 
electronic bulletin boards, purchase cards, electronic funds transfers, and 
electronic data interchange. 
(b) ESTABLISHMENT, MAINTENANCE, AND USE OF ELECTRONIC COM-
MERCE PROCEDURES AND PROCESSES.—The head of each executive agency, 
after consulting with the Administrator, shall establish, maintain, and use, 
to the maximum extent that is practicable and cost-effective, procedures and 
processes that employ electronic commerce in the conduct and administra-
tion of the procurement system of the agency. 
(c) APPLICABLE STANDARDS.—In conducting electronic commerce, the 
head of an executive agency shall apply nationally and internationally recog-
nized standards that broaden interoperability and ease the electronic inter-
change of information. 
(d) REQUIREMENTS OF SYSTEMS, TECHNOLOGIES, PROCEDURES, AND 
PROCESSES.—The head of each executive agency shall ensure that systems, 
technologies, procedures, and processes established pursuant to this sec-
tion— 
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(1) are implemented with uniformity throughout the agency, to the 
extent practicable; 
(2) are implemented only after granting due consideration to the use 
or partial use, as appropriate, of existing electronic commerce and elec-
tronic data interchange systems and infrastructures such as the Fed-
eral acquisition computer network architecture known as FACNET; 
(3) facilitate access to Federal Government procurement opportuni-
ties, including opportunities for small business concerns, socially and 
economically disadvantaged small business concerns, and business con-
cerns owned predominantly by women; and 
(4) ensure that any notice of agency requirements or agency solicita-
tion for contract opportunities is provided in a form that allows conven-
ient and universal user access through a single, Government-wide point 
of entry. 
(e) IMPLEMENTATION.—In carrying out the requirements of this section, 
the Administrator shall— 
(1) issue policies to promote, to the maximum extent practicable, 
uniform implementation of this section by executive agencies, with due 
regard for differences in program requirements among agencies that 
may require departures from uniform procedures and processes in ap-
propriate cases, when warranted because of the agency mission; 
(2) ensure that the head of each executive agency complies with the 
requirements of subsection (d); and 
(3) consult with the heads of appropriate Federal agencies with ap-
plicable technical and functional expertise, including the Office of In-
formation and Regulatory Affairs, the National Institute of Standards 
and Technology, the General Services Administration, and the Depart-
ment of Defense. 
§ 2302. Rights in technical data 
(a) WHERE DEFINED.—The legitimate proprietary interest of the Federal 
Government and of a contractor in technical or other data shall be defined 
in regulations prescribed as part of the Federal Acquisition Regulation. 
(b) GENERAL EXTENT OF REGULATIONS.— 
(1) OTHER RIGHTS NOT IMPAIRED.—Regulations prescribed under 
subsection (a) may not impair a right of the Federal Government or 
of a contractor with respect to a patent or copyright or another right 
in technical data otherwise established by law. 
(2) LIMITATION ON REQUIRING DATA BE PROVIDED TO THE GOV-
ERNMENT.—With respect to executive agencies subject to part C, regu-
lations prescribed under subsection (a) shall provide that the Federal 
Government may not require a person that has developed a product or 
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