Page:United States Statutes at Large Volume 110 Part 3.djvu/879

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PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2609 items under a memorandum of understanding providing for reciprocal procurement of defense items that is entered into under section 2531 of this title," after "a foreign country,". Subtitle B—Other Matters SEC. 821. PROfflBITION ON RELEASE OF CONTRACTOR PROPOSALS UNDER FREEDOM OF INFORMATION ACT. (a) ARMED SERVICES ACQUISITIONS.— Section 2305 of title 10, United States Code, is amended by adding at the end the following new subsection: "(g) PROHIBITION ON RELEASE OF CONTRACTOR PROPOSALS. — (1) Except as provided in paragraph (2), a proposal in the possession or control of the Department of Defense may not be made available to any person under section 552 of title 5. "(2) Paragraph (1) does not apply to any proposal that is set forth or incorporated by reference in a contract entered into between the Department and the contractor that submitted the proposal. "(3) In this subsection, the term 'proposal' means any proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal.". (b) CIVILIAN AGENCY ACQUISITIONS.— Section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is amended by adding at the end the following new subsection: "(m) PROHIBITION ON RELEASE OF CONTRACTOR PROPOSALS.— (1) Except as provided in paragraph (2), a proposal in the possession or control of an executive agency may not be made available to any person under section 552 of title 5, United States Code. "(2) Paragraph (1) does not apply to any proposal that is set forth or incorporated by reference in a contract entered into between the agency and the contractor that submitted the proposal. "(3) In this subsection, the term 'proposal' means any proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal.". SEC. 822. AMENDMENTS RELATING TO REPORTS ON PROCUREMENT REGULATORY ACTIVITY, Subsection (g) of section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) is amended— (1) in paragraph (1)— (A) by striking out "within 6 months after the date of enactment of this section and every 6 months thereafter" and inserting in lieu thereof "every 12 months"; and (B) by inserting "and" after the semicolon at the end; (2) in paragraph (2)(H), by striking out"; and" and inserting in lieu thereof a period; and (3) by striking out paragraph (3). SEC. 823. AMENDMENT OF MULTIYEAR LIMITATION ON CONTRACTS FOR INSPECTION, MAINTENANCE, AND REPAIR. Paragraph (14) of section 210(a) of the Federsil Property and Administrative Services Act of 1949 (40 U.S.C. 490(a)) is amended by striking out "for periods not exceeding three years" and inserting in lieu thereof "for periods not exceeding five years".