A bill to amend title 31, United States Code, to provide Federal Government employees with bid protest rights in actions under Office of Management and Budget Circular A-76, and for other purposes.
About This Bill
Committee
Latest Action · May 19, 2004
Read twice and referred to the Committee on Governmental Affairs.
Amends Federal law relating to the procurement protest system to modify the term "interested party" to mean, with respect to a public private competition conducted under Office of Management and Budget Circular A-76 regarding performance of an activity or function of a Federal agency, that such term includes: (1) any official who submitted the agency tender in such competition; and (2) any one person who, for the purpose of representing them in a protest that relates to such competition, has been designated as their agent by a majority of the employees of such agency who are engaged in the performance of such activity or function.
Directs the Comptroller General, for protests in cases of public-private competitions under such Circular regarding performance of an activity or function of a Federal agency, to administer provisions relating to such system in a manner best suited for expediting final resolution of such protests and final action in such competitions.
States that, if a private sector interested party commences an action objecting to a solicitation by a Federal agency for bids or proposals for a proposed contract or to a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement, in a public-private competition conducted under such Circular regarding performance of an activity or function of a Federal agency, then an official or person described as an interested party under this Act shall be entitled to intervene in that action.
Applies paragraphs one and three to: (1) protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under such Circular on or after January 2004; and (2) any other protests and civil actions that relate to public-private competitions initiated under such Circular on or after this Act's enactment.
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