Page:United States Statutes at Large Volume 122.djvu/2585

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12 2 STA T . 2 56 2 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8‘ ‘ (i)INGE NE RAL.— I nthecas e of a b i dw he r e one or m ore co v ered doc u ments in connection with such bid have been submitted not l ater than the covered document review date s p ecified in clause (ii) , the S ec - retar y — ‘‘(I) shall provide, by not later than 45 days (in the case of the first round of the competitive ac q uisition pro g rams as described in subparagraph ( B )(i)(I)) or 90 days (in the case of a subsequent round of such programs) after the covered docu- ment review date, for notice to the bidder of all such documents that are missing as of the covered document review date

and ‘‘(II) may not re j ect the bid on the basis that any covered document is missing or has not been submitted on a timely basis, if all such missing documents identified in the notice provided to the bidder under subclause (I) are submitted to the Secretary not later than 1 0 business days after the date of such notice. ‘‘(ii) COV ERE D DO CUM EN T REV I E W DATE.— T he cov- ered document review date specified in this clause with respect to a competitive acquisition program is the later of— ‘‘(I) the date that is 3 0 days before the final date specified by the Secretary for submission of bids under such program; or ‘‘(II) the date that is 30 days after the first date specified by the Secretary for submission of bids under such program. ‘‘(iii) L IMITATION S O FP ROCESS.—The process pro- vided under this subparagraph— ‘‘(I) applies only to the timely submission of covered documents; ‘‘(II) does not apply to any determination as to the accuracy or completeness of covered docu- ments submitted or whether such documents meet applicable requirements; ‘‘(III) shall not prevent the Secretary from rejecting a bid based on any basis not described in clause (i)(II); and ‘‘(I V ) shall not be construed as permitting a bidder to change bidding amounts or to ma k e other changes in a bid submission. ‘‘(iv) COVERED DOCUMENT DEFINED.—In this subparagraph, the term ‘covered document ’ means a financial, ta x , or other document required to be sub- mitted by a bidder as part of an original bid submission under a competitive acquisition program in order to meet required financial standards. Such term does not include other documents, such as the bid itself or accreditation documentation.’’; and (B) in paragraph ( 2 )( A ), by inserting before the period at the end the following

‘‘and excluding certain complex rehabilitative power wheelchairs recogni z ed by the Sec- retary as classified within group 3 or higher (and related Deadlin e s.