124 STAT. 3727 PUBLIC LAW 111–350—JAN. 4, 2011 2103. Actions required of procurement officers when contacted regarding non-Fed- eral employment. 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 regulations, 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 con- tract. (2) CONTRACTOR BID OR PROPOSAL INFORMATION.—The term ‘‘contractor bid or proposal information’’ means any of the fol- lowing information 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 section 3501(a) of this title with respect to procurements subject to that section). (B) Indirect costs and direct labor rates. (C) Proprietary information about manufacturing proc- esses, operations, 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 regulation. (3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the meaning given that term in section 102 of title 40. (4) FEDERAL AGENCY PROCUREMENT.—The term ‘‘Federal agency procurement’’ means the acquisition (by using competi- tive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. (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. (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 selec- tion information’’ means any of the following information pre- pared for use by a Federal agency to evaluate 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) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.
