Sec. 1811. PLANNING AND SOLICITATION GENERALLY

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## SEC. 1811 PLANNING AND SOLICITATION GENERALLY ###

(a)Tables of Chapters Amendment 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 221 and 223 and inserting the following:" “221.Planning and Solicitation Generally “222.Independent Cost Estimation and Cost Analysis “223.Other Provisions Relating to Planning and Solicitation Generally “225.Planning and Solicitation Relating to Particular Items or Services ” " ###

(b)New Chapter **[**[10 U.S.C. 3201prec](/us/usc/t10/s3201prec).**]** 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 221 and 223 and inserting the following: > > ## “CHAPTER 221 **PLANNING AND SOLICITATION GENERALLY** > > **[**[10 U.S.C. 3201](/us/usc/t10/s3201)**]** > ###

(c)Section 2304 (partial) ####

(1)Section heading Chapter 221 of title 10, United States Code, as amended by subsection (b), is amended by adding after the table of sections the following new section: > > ## “SEC. 3201 Full and open competition” > > **[**[10 U.S.C. 3201](/us/usc/t10/s3201)**]** > . ####

(2)Transfer of subsection

(a)of section 2304 Subsection

(a)of section 2304 of title 10, United States Code, is transferred to section 3201 of such title, as added by paragraph (1), inserted after the section heading, and amended— #####

(A)by redesignating paragraph

(2)as subsection (b); #####

(B)by striking “(1) Except as provided in subsections (b), (c), and (g)” and inserting “In General.—Except as provided in sections 3203, 3204(a), and 3205 of this title”; #####

(C)by redesignating subparagraphs

(A)and

(B)as paragraphs

(1)and (2), respectively; #####

(D)in paragraph (1), as so redesignated, by striking “this chapter” and inserting “this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title”; and #####

(E)in subsection (b), as redesignated by subparagraph (A)— ######

(i)by inserting “Determination of Appropriate Competitive Procedures.—” before “In determining”; ######

(ii)by redesignating subparagraphs

(A)and

(B)as paragraphs

(1)and (2), respectively; ######

(iii)in paragraph (1), as so redesignated, by redesignating clauses (i), (ii), (iii), and

(iv)as subparagraphs (A), (B), (C), and (D), respectively; and ######

(iv)in paragraph (2), as so redesignated, by striking “clause (A)” and inserting “paragraph (1)”. ####

(3)Transfer of subsection

(j)of section 2304 Subsection

(j)of such section 2304 is transferred to such section 3201, inserted after subsection (b), as transferred and redesignated by paragraph (2), redesignated as subsection (c), and amended by inserting “Efficient Fulfillment of Government Requirements.—” before “The Federal”. ####

(4)Transfer of subsection

(h)of section 2304 Subsection

(h)of such section 2304 is transferred to such section 3201, inserted after subsection (c), as transferred and redesignated by paragraph (3), redesignated as subsection (d), and amended by inserting “Certain Purchases or Contracts to Be Treated as if Made With Sealed-bid Procedures.—” before “For the purposes”. ####

(5)Transfer of subsection

(k)of section 2304 Subsection

(k)of such section 2304 is transferred to such section 3201, inserted after subsection (d), as transferred and redesignated by paragraph (4), redesignated as subsection (e), and amended— #####

(A)by striking the subsection designation and all that follows through “ section 2303(a) ” in paragraph

(1)and inserting the following: > > ### “(e) New Contracts and Merit-based Selection Procedures > > > #### “(1) Congressional policy > > It is the policy of Congress that an agency named in section 3063” > ; #####

(B)by moving paragraphs (2), (3), and

(4)two ems to the right; #####

(C)by switching paragraphs

(2)and

(3)and redesignating them accordingly; #####

(D)in paragraph (2), as so redesignated by subparagraph (C), by inserting “New contract described.—” before “For purposes of”; #####

(E)in paragraph (3), as so redesignated by subparagraph (C), by inserting “Provision of law described.—” before “A provision of”; and #####

(F)in paragraph (4)— ######

(i)by inserting “Exception.—” before “This subsection”; and ######

(ii)by striking “section 2303(a)” and inserting “section 3063”. ###

(d)Section 2304 (partial) ####

(1)Section headings Chapter 221 of title 10, United States Code, as amended by subsection (b), is amended by adding after section 3201, as added by subsection (c), the following new sections: > > ## “SEC. 3203 Exclusion of particular source or restriction of solicitation to small business concerns > > **[**[10 U.S.C. 3203](/us/usc/t10/s3203)**]** > > > ## “SEC. 3204 Use of procedures other than competitive procedures > > **[**[10 U.S.C. 3204](/us/usc/t10/s3204)**]** > > > ## “SEC. 3205 Simplified procedures for small purchases” > > **[**[10 U.S.C. 3205](/us/usc/t10/s3205)**]** > . ####

(2)Transfer of subsection

(b)of section 2304 Subsection

(b)of section 2304 of title 10, United States Code, is transferred to section 3203 of such title, as added by paragraph (1), inserted after the section heading, redesignated as subsection (a), and amended— #####

(A)by striking the subsection designation and all that follows through “ may provide for ” the first place it appears and inserting the following: > > ### “(a) Exclusion of Particular Source > > > #### “(1) Criteria for exclusion > > The head of an agency may provide for” > ; #####

(B)by striking “covered by this chapter” in the matter preceding subparagraph

(A)and inserting “covered by chapter 137 legacy provisions”; #####

(C)by indenting subparagraphs

(A)through

(F)of paragraph

(1)four ems from the left margin; #####

(D)by redesignating paragraph

(2)as subsection

(b)and in that subsection— ######

(i)inserting “Exclusion of Other Than Small Business Concerns.—” before “The head of”; and ######

(ii)striking “this section” and inserting “chapter 137 legacy provisions”; #####

(E)by redesignating paragraph

(3)as subsection

(c)and in that subsection— ######

(i)inserting “Inapplicability of Justification and Approval Requirements.—” before “A contract”; and ######

(ii)striking “subsection (f)(1)” and inserting “section 3204(e)(1) of this title”; and #####

(F)by transferring paragraph

(4)to the end of subsection (a), as so redesignated, redesignating such paragraph as paragraph (2), indenting such paragraph two ems from the left margin, and inserting “Determination for Class Disallowed.—” before “A determination”. ####

(3)Transfer of subsection

(c)of section 2304 Subsection

(c)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after the section heading, redesignated as subsection (a), and amended— #####

(A)by inserting “When Procedures Other Than Competitive Procedures May Be Used.—” before “The head of an agency may use”; #####

(B)in paragraph (3)— ######

(i)by striking “ in order

(A)to maintain ” and inserting > “in order— > > > ##### “(A) > > to maintain” > ; ######

(ii)by striking “ industrial mobilization,

(B)to establish ” and inserting > “industrial mobilization; > > > ##### “(B) > > to establish” > ; ######

(iv)by striking “ development center, or

(C)to procure ” and inserting > “development center; or > > > ##### “(C) > > to procure” > ; #####

(C)in paragraph (5), by striking “subsection (k)” and inserting “section 3201(e) of this title”; and #####

(D)in paragraph (7), by inserting “(who may not delegate the authority under this paragraph)” after “the head of the agency”. ####

(4)Transfer of subsection

(d)of section 2304 Subsection

(d)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (a), as transferred and redesignated by paragraph (3), redesignated as subsection (b), and amended— #####

(A)by striking “(1) For the purposes” and inserting “Property or Services Considered to Be Available From Only One Source.—For the purposes”; #####

(B)by striking “subsection (c)(1)” and inserting “subsection (a)(1)”; #####

(C)by striking paragraph (2); and #####

(D)by redesignating paragraph

(3)as subsection

(c)and in that subsection— ######

(i)by striking “

(A)The contract period ” and inserting > “ Property or Services Needed With Unusual and Compelling Urgency.— > > > #### “(1) Allowable contract period > > The contract period” > ; ######

(ii)by redesignating subparagraph

(B)as paragraph (2), indenting that paragraph two ems from the left margin, and striking “This paragraph” and inserting “Applicability of allowable contract period.—This subsection”; and ######

(iii)in paragraph (1), as designated by clause (i)— ######

(I)by striking “subparagraph (B)” and “subsection (c)(2)” and inserting “paragraph (2)” and “subsection (a)(2)”, respectively; and ######

(II)by redesignating clauses

(i)and

(ii)as subparagraphs

(A)and (B), respectively, redesignating subclauses

(I)and

(II)of such subparagraph

(A)as clauses

(i)and (ii), respectively, and moving such subparagraphs two ems to the right. ####

(5)Transfer of subsection

(e)of section 2304 Subsection

(e)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by subparagraph (A), inserted after subsection (c), as transferred and redesignated by subparagraph (D), redesignated as subsection (d), and amended— #####

(A)by inserting “Offer requests to potential sources.—The head of an agency”; and #####

(B)by striking “subsection (c)(2) or (c)(6)” and inserting “paragraph

(2)or

(6)of subsection (a)”. ####

(6)Transfer of subsection

(f)of section 2304 Subsection

(f)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (d), as transferred and redesignated by paragraph (5), redesignated as subsection (e), and amended— #####

(A)by striking “

(1)Except as provided in paragraph

(2)and paragraph

(6)” and inserting “Justification for Use of Procedures Other Than Competitive Procedures.— > > #### “(1) Prerequisites for awarding contract > > Except as provided in paragraphs (3), (4), and (7)” > ; #####

(B)by moving subparagraphs (A), (B), and

(C)of paragraph

(1)two ems to the right; #####

(C)by switching paragraphs

(2)and

(3)and redesignating those paragraphs accordingly; #####

(D)in paragraph (2), as so redesignated, by inserting “Elements of justification.—” before “The justification”; #####

(E)in paragraph (3), as so redesignated— ######

(i)by inserting “Justification and approval allowed after contract awarded.—” before “In the case of”; and ######

(ii)by striking “subsection (c)(2)” in the first sentence and inserting “subsection (a)(2)”; #####

(F)by redesignating paragraphs (4), (5), and

(6)as paragraphs (5), (6), and (7), respectively; #####

(G)by designating the second sentence of paragraph (3), as redesignated by subparagraph (C), as paragraph

(4)and in that paragraph— ######

(i)by inserting “Justification and approval not required.—” before “The justification and approval”; ######

(ii)in subparagraph (C), by striking “subsection (c)(7)” and inserting “subsection (a)(7)”; and ######

(iii)in subparagraph (E), by striking “subsection (c)(4)” and inserting “subsection (a)(4)”; #####

(H)in paragraph (5), as redesignated by subparagraph (F)— ######

(i)by redesignating subparagraphs

(A)and

(B)as clauses

(i)and (ii), respectively, and moving those clauses two ems to the right; ######

(ii)by striking “ In no case ” and inserting > “ Restrictions on Agencies.— > > > ##### “(A) > > In no case” > ; ######

(iii)in subparagraph (A)(ii), as so redesignated, by striking “this chapter” and inserting “chapter 137 legacy provisions”; and ######

(iv)by designating the sentence beginning “The restriction contained” as subparagraph

(B)and by striking “clause (B)” in that sentence and inserting “subparagraph (A)(ii)”; #####

(I)in paragraph (6), as redesignated by subparagraph (F), by striking “(A) The authority” and inserting “Limitation on Delegations of Authority Under Paragraph (1)(B).—(A) The authority”; #####

(J)in paragraph (7), as redesignated by subparagraph (F), by inserting “Justification and approval not required for phase iii sbir award.—” before “The justification”; and #####

(K)by moving such paragraphs

(2)through

(7)two ems to the right. ####

(7)Transfer of subsection

(l)of section 2304 Subsection

(l)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (e), as transferred and redesignated by paragraph (6), redesignated as subsection (f), and amended— #####

(A)by striking “ (1)(A) Except as provided in ” and inserting > “ Public Availability of Justification and Approval Required for Using Procedures Other Than Competitive Procedures.— > > > #### “(1) Time requirement > > > ##### “(A) Within 14 days after contract award > > Except as provided in” > ; #####

(B)in paragraph (1)(A), by striking “subsection (c)” and “subsection (f)(1)” and inserting “subsection (a)” and “subsection (e)(1)”, respectively; #####

(C)by indenting subparagraph

(B)of paragraph

(1)four ems from the left margin and in that subparagraph— ######

(i)by inserting “Within 30 days after contract award.—” before “In the case of”; and ######

(ii)by striking “subsection (c)(2)” and inserting “subsection (a)(2)”; #####

(D)by indenting paragraphs

(2)and

(3)two ems from the left margin; #####

(E)in paragraph (2), by inserting “Availability on websites.—” before “The documents”; and #####

(F)in paragraph (3), by inserting “Exception.—” before “This subsection”. ####

(8)Transfer of subsection

(i)of section 2304 Subsection

(i)of section 2304 of title 10, United States Code, is transferred to section 3204 of such title, as added by paragraph (1), inserted after subsection (f), as transferred and redesignated by paragraph (7), redesignated as subsection (g), and amended— #####

(A)by striking “

(1)The Secretary ” and inserting “ Regulations With Respect to Negotiation of Prices.— ” > > #### “(1) > > The Secretary” > ; #####

(B)in paragraph (1), by striking “, as defined in section 2302(2) of this title”; and #####

(C)by moving paragraphs

(2)and

(3)two ems to the right. ####

(9)Transfer of subsection

(g)of section 2304 Subsection

(g)of section 2304 of title 10, United States Code, is transferred to section 3205 of such title, as added by paragraph (1), inserted after the section heading, redesignated as subsection (a), and amended— #####

(A)by striking “(1) in order to” and inserting “Authorization.—In order to”; #####

(B)by redesignating paragraphs (2), (3), and

(4)as subsections (b), (c), and (d), respectively; #####

(C)by redesignating subparagraphs

(A)and

(B)in subsection

(a)as paragraphs

(1)and (2), respectively; #####

(D)in subsection (b), as redesignated by subparagraph (B)— ######

(i)by inserting “Prohibition on Dividing Contracts.—” before “A proposed”; and ######

(ii)by striking “paragraph (1)” and inserting “subsection (a)”; #####

(E)in subsection (c), as redesignated by subparagraph (B), by inserting “Promotion of Competition.—” before “In using”; and #####

(F)in subsection (d), as redesignated by subparagraph (B), by inserting “Compliance With Special Requirements of Federal Acquisition Regulation.—” before “The head of”. ###

(e)Section 2305(a) ####

(1)In general Such chapter is further amended by adding at the end the following new section: > > ## “SEC. 3206 Planning and solicitation requirements” > > **[**[10 U.S.C. 3206](/us/usc/t10/s3206)**]** > . ####

(2)Transfer of subsection

(a)of section 2305 Subsection

(a)of section 2305 of title 10, United States Code, is transferred to section 3206 of such title, as added by paragraph (1), and inserted after the section heading, and paragraphs (2), (3), (4), and

(5)thereof are redesignated as subsections (b), (c), (d), and (e), respectively. ####

(3)Revisions to subsection

(a)Subsection

(a)of such section 3206, as transferred by paragraph (2), is amended— #####

(A)by redesignating subparagraphs

(B)and

(C)as paragraphs

(2)and (3), respectively; #####

(B)in paragraph (2), as so redesignated— ######

(i)by inserting “Requirements of specifications.—” before “Each solicitation”; ######

(ii)by striking “under this chapter” after “Each solicitation” and inserting “under chapter 137 legacy provisions”; ######

(iii)by redesignating clauses

(i)and

(ii)as subparagraphs

(A)and (B), respectively; and ######

(iv)in subparagraph (A), as so redesignated, by striking “of this chapter” and inserting “of chapter 137 legacy provisions”; #####

(C)in paragraph (3), as so redesignated— ######

(i)by inserting “Types of specifications.—” before “For the purposes”; and ######

(ii)by redesignating clauses (i), (ii), and

(iii)as subparagraphs (A), (B), and (C), respectively; #####

(D)by moving such paragraphs

(2)and

(3)two ems to the right; and #####

(E)in paragraph (1)— ######

(i)by striking “ (1)(A) In preparing for ” and inserting > “ Planning and Specifications.— > > > #### “(1) Preparing for procurement > > In preparing for” > ; ######

(ii)by redesignating clauses (i), (ii), and

(iii)as subparagraphs (A), (B), and (C), respectively; and ######

(iii)by moving such subparagraphs two ems to the right. ####

(4)Revisions to subsection

(b)Subsection

(b)of such section 3206, as redesignated by paragraph (2), is amended— #####

(A)in the matter preceding subparagraph (A)— ######

(i)by inserting “Contents of solicitation.—” before “In addition to”; and ######

(ii)by striking “paragraph (1)” and inserting “subsection (a)”; #####

(B)by redesignating subparagraphs

(A)and

(B)as paragraphs

(1)and (2), respectively; #####

(C)by redesignating clauses

(i)and

(ii)of paragraphs

(1)and

(2)(as so redesignated) as subparagraphs

(A)and (B), respectively; and #####

(D)in subparagraphs

(A)and

(B)of such paragraph (2), as so redesignated, by redesignating subclauses

(I)and

(II)as clauses

(i)and (ii), respectively. ####

(5)Revisions to subsection

(c)Subsection

(c)of such section 3206, as redesignated by paragraph (2), is amended— #####

(A)by striking “

(A)In prescribing the ” and inserting > “ Evaluation Factors.— > > > #### “(1) In general > > In prescribing the” > ; #####

(B)by redesignating subparagraphs (B), (C), (D), and

(E)as paragraphs (2), (3), (4), and (5), respectively, and moving those paragraphs two ems to the right; #####

(C)in paragraph (1), as designated by subparagraph (A)— ######

(i)by redesignating clauses (i), (ii), and

(iii)as subparagraphs (A), (B), and (C), respectively, and moving those paragraphs two ems to the right; ######

(ii)by redesignating subclauses (I), (II), and

(III)of subparagraph

(C)(as so redesignated) as clauses (i), (ii), and (iii), respectively; and ######

(iii)by striking “subparagraph (C)” both places it appears and inserting “paragraph (3)”; #####

(D)in paragraph (2), as redesignated by subparagraph (B)— ######

(i)by inserting “Restriction on implementing regulations.—” before “The regulations implementing”; and ######

(ii)by striking “clause

(iii)of subparagraph (A)” and inserting “paragraph (1)(C)”; #####

(E)in paragraph (3), as redesignated by subparagraph (B)— ######

(i)by inserting “Exceptions for certain multiple task or delivery order contracts.—” before “If the head of”; ######

(ii)by striking “section 2304a(d)(1)(B)” and inserting “section 3403(d)(1)(B)”; ######

(iii)by redesignating clauses

(i)and

(ii)as subparagraphs

(A)and (B), respectively; ######

(iv)in subparagraph (A), as so redesignated, by striking “clause

(ii)of subparagraph (A)” and inserting “paragraph (1)(B)” and ######

(v)in subparagraph (B), as so redesignated— ######

(I)by striking “clause (i)” in the matter preceding subclause

(I)and inserting “subparagraph (A)”; ######

(II)by redesignating subclauses

(I)and

(II)as clauses

(i)and (ii), respectively; ######

(III)in clause (i), as so redesignated, by striking “clause

(iii)of subparagraph (A)” and inserting “paragraph (1)(C)”; and ######

(IV)in clause (ii), as so redesignated, by striking “section 2304c(b)” and inserting “section 3406(c)”; #####

(F)in paragraph (4), as redesignated by subparagraph (B)— ######

(i)by inserting “Definition.—” before “In subparagraph”; ######

(ii)by striking “subparagraph (C)” and inserting “paragraph (3)”; and ######

(iii)by redesignating clauses (i), (ii), and

(iii)as subparagraphs (A), (B), and (C), respectively; and #####

(G)in paragraph (5), as redesignated by subparagraph (B), by striking “Subparagraph (C)” and inserting “Exclusion of applicability to certain contracts.—Paragraph (3)”. ####

(6)Revisions to subsection

(d)Subsection

(d)of such section 3206, as redesignated by paragraph (2), is amended— #####

(A)by inserting “Additional Information in Solicitation.—” before “Nothing in”; #####

(B)by striking “this subsection” and inserting “this section”; and #####

(C)by redesignating subparagraphs

(A)and

(B)as paragraphs

(1)and (2), respectively. ####

(7)Revision to subsection

(e)Subsection

(e)of such section 3206, as redesignated by paragraph (2), is amended by inserting “Limitation on Evaluation of Purchase Options.—” before “The head of”. ###

(f)Section 2305(c) ####

(1)Section heading Such chapter is further amended by adding at the end the following new section: > > ## “SEC. 3207 Assessment before contract for acquisition of supplies is entered into” > > **[**[10 U.S.C. 3207](/us/usc/t10/s3207)**]** > . ####

(2)Transfer of subsection

(c)of section 2305 Subsection

(c)of section 2305 of title 10, United States Code, is transferred to section 3207 of such title, as added by paragraph (1), inserted after the section heading, and amended by striking the subsection designation. ###

(g)Section 2305(d) ####

(1)Section heading Such chapter is further amended by adding at the end the following new section: > > ## “SEC. 3208 Planning for future competition in contracts for major systems” > > **[**[10 U.S.C. 3208](/us/usc/t10/s3208)**]** > . ####

(2)Transfer of subsection

(d)of section 2305 Subsection

(d)of section 2305 of title 10, United States Code, is transferred to section 3208 of such title, as added by paragraph (1), inserted after the section heading, and redesignated as subsection (a), and paragraphs (2), (3), and

(4)thereof are redesignated as subsections (b), (c), and (d), respectively. ####

(3)Revisions to subsection

(a)Subsection

(a)of such section 3208, as transferred and redesignated by paragraph (2), is amended— #####

(A)by striking “ (1)(A) The Secretary ” and inserting > “ Development Contract.— > > > #### “(1) Determining whether proposals are necessary > > The Secretary” > ; #####

(B)by striking “subparagraph (B)” in the first sentence and inserting “paragraph (2)”; #####

(C)by redesignating subparagraph

(B)as paragraph

(2)and clauses

(i)and

(ii)thereof as subparagraphs

(A)and (B), respectively; and #####

(D)in paragraph (2), as so redesignated— ######

(i)by inserting “Contents of proposals.—” before “Proposals referred to”; and ######

(ii)by striking “subparagraph (A)” and inserting “paragraph (1)”. ####

(4)Revisions to subsection

(b)Subsection

(b)of such section 3208, as redesignated by paragraph (2), is amended— #####

(A)by striking “

(A)The Secretary ” and inserting > “ Production Contract.— > > > #### “(1) Determining whether proposals are necessary > > The Secretary” > ; #####

(B)by striking “subparagraph (B)” in the first sentence and inserting “paragraph (2)”; #####

(C)by redesignating subparagraph

(B)as paragraph

(2)and clauses

(i)and

(ii)thereof as subparagraphs

(A)and (B), respectively; and #####

(D)in paragraph (2), as so redesignated— ######

(i)by inserting “Contents of proposals.—” before “Proposals referred to”; and ######

(ii)by striking “subparagraph (A)” and inserting “paragraph (1)”. ####

(5)Revisions to subsection

(c)Subsection

(c)of such section 3208, as redesignated by paragraph (2), is amended— #####

(A)by inserting “Consideration of Factors as Objectives in Negotiations.—” before “If the head of”; and #####

(B)by striking “paragraphs

(1)and (2)” and inserting “subsections

(a)and (b)”. ####

(6)Revisions to subsection

(d)Subsection

(d)of such section 3208, as redesignated by paragraph (2), is amended— #####

(A)by striking “

(A)Whenever the head of ” and inserting > “ Items Developed Exclusively at Private Expense.— > > > #### “(1) Limitation > > Whenever the head of” > ; #####

(B)by redesignating subparagraph

(B)as paragraph (2), inserting “Evaluation.—” before “In considering”, and indenting that paragraph two ems from the left margin; #####

(C)by redesignating clauses

(i)and

(ii)of paragraph

(1)as subparagraphs

(A)and (B), respectively, and indenting those subparagraphs four ems from the left margin; and #####

(D)by striking “paragraph (1)(B) or (2)(B)” both places it appears and inserting “subsection (a)(2) or (b)(2)”.

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