Sec. 1816. Awarding of contracts
1,378 words·~6 min read·
/bill/116/hr/6395/enr/section-1816·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A (as added by section 801 of Public Law 115–232 ), of title 10, United States Code, are amended by striking the items relating to chapters 241 and 243 and inserting the following: 241. Awarding of Contracts 3301 242. Specific Types of Contracts 3321 243. Other Matters Relating to Awarding and Types of Contracts 3341 244. Undefinitized Contractual Actions 3371 . Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by striking chapters 241 and 243 and inserting the following: Sec. 3301. Basis of award and rejection. 3302. Sealed bids. 3303. Competitive proposals. 3304. Post-award debriefings. 3305. Pre-award debriefings. 3306. Encouragement of alternative dispute resolution. 3307. Antitrust violations. 3308. Protests. 3309. Prohibition on release of contractor proposals. . Subsection
(b)of section 2305 of title 10, United States Code, is transferred to chapter 241 of such title, as amended by subsection (b), inserted after the table of sections, and amended by striking the subsection designation. Such chapter is further amended— by inserting before paragraph
(1)the following: ; by inserting before paragraph
(3)the following: ; by inserting before paragraph
(4)the following: ; by inserting before paragraph
(5)the following: ; by inserting before paragraph
(6)the following: ; by inserting before paragraph
(8)the following: ; and by inserting before paragraph
(9)the following: . Section 3301 of such title, as designated by paragraph (2), is amended— by redesignating paragraphs
(1)and
(2)as subsections
(a)and (b), respectively; in subsection (a), as so redesignated, by inserting before Award.— The head of ; and in subsection (b), as so redesignated, by inserting before Rejection.— All sealed bids . Section 3302 of such title, as designated by paragraph (2), is amended— by redesignating paragraph
(3)as subsection (a); by designating the second and third sentences as subsections
(b)and (c), respectively; in subsection (a), as so redesignated, by inserting before Opening of bids.— Sealed bids shall be ; in subsection (b), as so designated— by inserting before Criteria for awarding contract.— The head of the agency ; by striking paragraph
(1)and inserting section 3301(a) of this title ; and by striking paragraph
(2)and inserting section 3301(b) of this title ; and in subsection (c), as so designated, by inserting before Notice of award.— The award of . Section 3303 of such title, as designated by paragraph (2), is amended— by striking the paragraph designation; redesignating subparagraphs (A), (B), and
(C)as subsections (a), (b), and (c), respectively; by designating the second sentence of subsection (c), as so redesignated, as subsection (d); in subsection (a), as so redesignated— by inserting before Evaluation and award.— The head of ; by striking paragraph
(1)and inserting section 3301(a) of this title ; and by redesignating clauses
(i)and
(ii)as paragraphs
(1)and (2), respectively; in subsection (b), as so redesignated— by inserting before Limit on number of proposals.— If the contracting officer ; and by striking subparagraph (A)(i) and inserting subsection (a)(1) ; in subsection (c), as so redesignated— by inserting before Criteria for awarding contract.— Except as provided in ; and by striking paragraph
(2)and inserting section 3301(b) of this title ; and in subsection (d), as so designated— by inserting before Notice of award.— The head of ; and by striking This subparagraph and inserting This subsection . Section 3304 of such title, as designated by paragraph (2), is amended— by striking the paragraph designation; by redesignating subparagraphs (A), (B), (D), (E), and
(F)as subsections (a), (c), (d), (e), and (f), respectively; by designating the second sentence of subsection (a), as so redesignated, as subsection (b); by redesignating subparagraph
(C)as paragraph (2); in subsection (a), as so redesignated, by inserting before Request for debriefing.— When a ; in subsection (b), as designated by subparagraph (C), by inserting before When debriefing to be conducted.— The head of ; in subsection (c), as so redesignated by subparagraph (B)— by inserting before Information to be provided.—(1) The debriefing shall include ; by redesignating clauses
(i)through
(vii)as subparagraphs
(A)through (G), respectively; and in paragraph (2), as redesignated by subparagraph (D), by striking subparagraph (B)(vii) and inserting paragraph (1)(G) ; in subsection (d), as so redesignated, by inserting before Information not to be included.— The debriefing ; in subsection (e), as so redesignated— by inserting before Inclusion of statement in solicitation.— Each solicitation ; and by striking subparagraph
(B)and inserting subsection
(c); in subsection (f), as so redesignated— by inserting before After successful protest.— If, within one year ; and by redesignating clauses
(i)and
(ii)as paragraphs
(1)and (2), respectively; and by adding at the end a new subsection
(g)with the same heading and text as subsection
(f)of section 3305 of such title, as amended by paragraph (7)(J). Section 3305 of such title, as designated by paragraph (2), is amended— by striking
(6); by redesignating paragraph
(7)as subsection (f); redesignating subparagraphs (A), (B), (C), and
(D)as subsections (a), (c), (d), and (e), respectively; by designating the second sentence of subsection (a), as so redesignated, as subsection (b); in subsection (a), as so redesignated, by inserting before Request for debriefing.— When the ; in subsection (b), as designated by subparagraph (D), by inserting before When debriefing to be conducted.— The contracting officer ; in subsection (c), as so redesignated— by inserting before Precondition for post-award debriefing.— The contracting officer ; by striking paragraph
(5)and inserting section 3304 of this title ; and by striking subparagraph
(A)and inserting subsections
(a)and
(b); in subsection (d), as so redesignated— by inserting before Information to be provided.— The debriefing ; by striking subparagraph
(A)and inserting subsections
(a)and
(b); and by redesignating clauses (i), (ii), and
(iii)as paragraphs (1), (2), and (3), respectively; in subsection (e), as so redesignated— by inserting before Information not to be disclosed.— The debriefing ; and by striking subparagraph
(A)and inserting subsections
(a)and
(b); and in subsection (f), as redesignated by subparagraph (B)— by inserting before Summary to be included in file.— The contracting officer ; and by striking under paragraph
(5)or
(6)and inserting this section . Section 3306 of such title, as designated by paragraph (2), is amended by striking the paragraph designation. Section 3307 of such title, as designated by paragraph (2), is amended by striking the paragraph designation. Such chapter is further amended by adding at the end the following new sections: . Subsections
(e)and
(f)of section 2305 of title 10, United States Code, are transferred to section 3308 of such title, as added by subsection (d), inserted after the section heading, and redesignated as subsections
(a)and (b), respectively. Subsection
(a)of such section 3308, as redesignated by paragraph (1), is amended— by striking and inserting “ File.—(1) If, in the File.— If, in the ; in paragraph (2), by inserting before Redacted information.— Information exempt ; and by realigning paragraph
(2)2 ems to the right. Subsection
(g)of section 2305 of title 10, United States Code, is transferred to section 3309 of such title, as added by subsection (d), inserted after the section heading, and amended— by striking the subsection designation and heading; by redesignating paragraphs (1), (2), and
(3)as subsections (b), (c), and (a), respectively; and by transferring subsection (a), as so redesignated, within that section so as to appear before subsection (b), as so redesignated. Subsection
(a)of such section 3309, as redesignated and transferred by paragraph (1), is amended by striking In this subsection, and inserting . Definition.— In this section, Subsection
(b)of such section 3309, as redesignated by paragraph (1), is amended— by inserting before Prohibition.— Except as provided in ; by striking paragraph (2), and inserting subsection (c), ; and by striking section 2303 and inserting section 3063 . Subsection
(c)of such section 3309, as redesignated by paragraph (1), is amended by striking Paragraph
(1)and inserting . Inapplicability.— Subsection (b)
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 1816
Awarding of contracts
Cites 1Cited by 0 across 0 sources