Sec. 1816. AWARDING OF CONTRACTS

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## SEC. 1816 AWARDING OF CONTRACTS ###

(a)Tables of Chapters Amendments 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 “242.Specific Types of Contracts “243.Other Matters Relating to Awarding and Types of Contracts “244.Undefinitized Contractual Actions ” " ###

(b)New Chapter **[**[10 U.S.C. 3301prec](/us/usc/t10/s3301prec).**]** 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: > > ## “CHAPTER 241 **AWARDING OF CONTRACTS** > > **[**[10 U.S.C. 3301](/us/usc/t10/s3301)**]** > ###

(c)Transfer of Subsection

(b)of Section 2305 ####

(1)Transfer 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. ####

(2)Insertion of section headings Such chapter is further amended— #####

(A)by inserting before paragraph

(1)the following: > > ## “SEC. 3301 Basis of award and rejection” > > **[**[10 U.S.C. 3301](/us/usc/t10/s3301)**]** > ; #####

(B)by inserting before paragraph

(3)the following: > > ## “SEC. 3302 Sealed bids” > > **[**[10 U.S.C. 3302](/us/usc/t10/s3302)**]** > ; #####

(C)by inserting before paragraph

(4)the following: > > ## “SEC. 3303 Competitive proposals” > > **[**[10 U.S.C. 3303](/us/usc/t10/s3303)**]** > ; #####

(D)by inserting before paragraph

(5)the following: > > ## “SEC. 3304 Post-award debriefings” > > **[**[10 U.S.C. 3304](/us/usc/t10/s3304)**]** > ; #####

(E)by inserting before paragraph

(6)the following: > > ## “SEC. 3305 Pre-award debriefings” > > **[**[10 U.S.C. 3305](/us/usc/t10/s3305)**]** > ; #####

(F)by inserting before paragraph

(8)the following: > > ## “SEC. 3306 Encouragement of alternative dispute resolution” > > **[**[10 U.S.C. 3306](/us/usc/t10/s3306)**]** > ; and #####

(G)by inserting before paragraph

(9)the following: > > ## “SEC. 3307 Antitrust violations” > > **[**[10 U.S.C. 3307](/us/usc/t10/s3307)**]** > . ####

(3)Amendments to new 3301 Section 3301 of such title, as designated by paragraph (2), is amended— #####

(A)by redesignating paragraphs

(1)and

(2)as subsections

(a)and (b), respectively; #####

(B)in subsection (a), as so redesignated, by inserting “Award.—” before “The head of”; and #####

(C)in subsection (b), as so redesignated, by inserting “Rejection.—” before “All sealed bids”. ####

(4)Amendments to new 3302 Section 3302 of such title, as designated by paragraph (2), is amended— #####

(A)by redesignating paragraph

(3)as subsection (a); #####

(B)by designating the second and third sentences as subsections

(b)and (c), respectively; #####

(C)in subsection (a), as so redesignated, by inserting “Opening of Bids.—” before “Sealed bids shall be”; #####

(D)in subsection (b), as so designated— ######

(i)by inserting “Criteria for Awarding Contract.—” before “The head of the agency”; ######

(ii)by striking “paragraph (1)” and inserting “section 3301(a) of this title”; and ######

(iii)by striking “paragraph (2)” and inserting “section 3301(b) of this title”; and #####

(E)in subsection (c), as so designated, by inserting “Notice of Award.—” before “The award of”. ####

(5)Amendments to new 3303 Section 3303 of such title, as designated by paragraph (2), is amended— #####

(A)by striking the paragraph designation; #####

(B)redesignating subparagraphs (A), (B), and

(C)as subsections (a), (b), and (c), respectively; #####

(C)by designating the second and third sentences of subsection (c), as so redesignated, as subsections

(d)and (e), respectively; #####

(D)in subsection (a), as so redesignated— ######

(i)by inserting “Evaluation and Award.—” before “The head of”; ######

(ii)by striking “paragraph (1)” and inserting “section 3301(a) of this title”; and ######

(iii)by redesignating clauses

(i)and

(ii)as paragraphs

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

(E)in subsection (b), as so redesignated— ######

(i)by inserting “Limit on Number of Proposals.—” before “If the contracting officer”; and ######

(ii)by striking “subparagraph (A)(i)” and inserting “subsection (a)(1)”; #####

(F)in subsection (c), as so redesignated— ######

(i)by inserting “Criteria for Awarding Contract.—” before “Except as provided in”; and ######

(ii)by striking “paragraph (2)” and inserting “section 3301(b) of this title”; and #####

(G)in subsection (d), as so designated, by inserting “Notice of award.—” before “The head of”; and #####

(H)in subsection (e), as so designated, by striking “This subparagraph does not” and inserting “Exception for perishable subsistence items.—Subsections

(c)and

(d)do not”. ####

(6)Amendments to new 3304 Section 3304 of such title, as designated by paragraph (2), is amended— #####

(A)by striking the paragraph designation; #####

(B)by redesignating subparagraphs (A), (B), (D), (E), and

(F)as subsections (a), (c), (d), (e), and (f), respectively; #####

(C)by designating the second sentence of subsection (a), as so redesignated, as subsection (b); #####

(D)by redesignating subparagraph

(C)as paragraph (2); #####

(E)in subsection (a), as so redesignated, by inserting “Request for Debriefing.—” before “When a”; #####

(F)in subsection (b), as designated by subparagraph (C), by inserting “When Debriefing to Be Conducted.—” before “The head of”; #####

(G)in subsection (c), as so redesignated by subparagraph (B)— ######

(i)by inserting “Information to Be Provided.—(1)” before “The debriefing shall include”; ######

(ii)by redesignating clauses

(i)through

(vii)as subparagraphs

(A)through (G), respectively; and ######

(iii)in paragraph (2), as redesignated by subparagraph (D), by striking “subparagraph (B)(vii)” and inserting “paragraph (1)(G)”; #####

(H)in subsection (d), as so redesignated, by inserting “Information Not to Be Included.—” before “The debriefing”; #####

(I)in subsection (e), as so redesignated— ######

(i)by inserting “Inclusion of Statement in Solicitation.—” before “Each solicitation”; and ######

(ii)by striking “subparagraph (B)” and inserting “subsection (c)”; #####

(J)in subsection (f), as so redesignated— ######

(i)by inserting “After Successful Protest.—” before “If, within one year”; and ######

(ii)by redesignating clauses

(i)and

(ii)as paragraphs

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

(K)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). ####

(7)Amendments to new 3305 Section 3305 of such title, as designated by paragraph (2), is amended— #####

(A)by striking “(6)”; #####

(B)by redesignating paragraph

(7)as subsection (f); #####

(C)redesignating subparagraphs (A), (B), (C), and

(D)as subsections (a), (c), (d), and (e), respectively; #####

(D)by designating the second sentence of subsection (a), as so redesignated, as subsection (b); #####

(E)in subsection (a), as so redesignated, by inserting “Request for Debriefing.—” before “When the”; #####

(F)in subsection (b), as designated by subparagraph (D), by inserting “When Debriefing to Be Conducted.—” before “The contracting officer”; #####

(G)in subsection (c), as so redesignated— ######

(i)by inserting “Precondition for Post-award Debriefing.—” before “The contracting officer”; ######

(ii)by striking “paragraph (5)” and inserting “section 3304 of this title” ; and ######

(iii)by striking “subparagraph (A)” and inserting “subsections

(a)and (b)”; #####

(H)in subsection (d), as so redesignated— ######

(i)by inserting “Information to Be Provided.—” before “The debriefing”; ######

(ii)by striking “subparagraph (A)” and inserting “subsections

(a)and (b)”; and ######

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

(iii)as paragraphs (1), (2), and (3), respectively; #####

(I)in subsection (e), as so redesignated— ######

(i)by inserting “Information Not to Be Disclosed.—” before “The debriefing”; and ######

(ii)by striking “subparagraph (A)” and inserting “subsections

(a)and (b)”; and #####

(J)in subsection (f), as redesignated by subparagraph (B)— ######

(i)by inserting “Summary to Be Included in File.—” before “The contracting officer”; and ######

(ii)by striking “under paragraph

(5)or (6)” and inserting “under this section”. ####

(8)Amendment to new 3306 Section 3306 of such title, as designated by paragraph (2), is amended by striking the paragraph designation. ####

(9)Amendment to new 3307 Section 3307 of such title, as designated by paragraph (2), is amended by striking the paragraph designation. ###

(d)New Sections Such chapter is further amended by adding at the end the following new sections: > > ## “SEC. 3308 Protests > > **[**[10 U.S.C. 3308](/us/usc/t10/s3308)**]** > > > ## “SEC. 3309 Prohibition on release of contractor proposals” > > **[**[10 U.S.C. 3309](/us/usc/t10/s3309)**]** > . ###

(e)Transfer of Subsections

(e)and

(f)of Section 2305 ####

(1)Transfer 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. ####

(2)Amendment to new 3308(a) Subsection

(a)of such section 3308, as redesignated by paragraph (1), is amended— #####

(A)by striking “ File.—(1) If, in the ” and inserting > “ File.— > > > #### “(1) Establishment and access > > If, in the” > ; #####

(B)in paragraph (2), by inserting “Redacted information.—” before “Information exempt”; and #####

(C)by realigning paragraph

(2)2 ems to the right. ###

(f)Transfer of Subsection

(g)of Section 2305 ####

(1)Transfer and internal redesignations 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— #####

(A)by striking the subsection designation and heading; #####

(B)by redesignating paragraphs (1), (2), and

(3)as subsections (b), (c), and (a), respectively; and #####

(C)by transferring subsection (a), as so redesignated, within that section so as to appear before subsection (b), as so redesignated. ####

(2)Amendment to new 3309(a) 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,”. ####

(3)Amendments to new 3309(b) Subsection

(b)of such section 3309, as redesignated by paragraph (1), is amended— #####

(A)by inserting “Prohibition.—” before “Except as provided in”; #####

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

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

(4)Amendments to new 3309(c) Subsection

(c)of such section 3309, as redesignated by paragraph (1), is amended by striking “Paragraph (1)” and inserting “Inapplicability.—Subsection (b)”.

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