Back to NDAA Contents

TITLE III--OPERATION AND MAINTENANCE

Subtitle C--Workplace and Depot Issues

P. L. 111-

House Conference Report 111-288

    (a) Protest Jurisdiction of the Comptroller General.--Section 3551(1) of title 31, United States Code, is amended by adding at the end the following new subparagraph:

    ``(E) Conversion of a function that is being performed by Federal employees to private sector performance.''.

    (b) Eligibility to Protest Public-private Competitions.--Clause (i) of paragraph (2)(B) of section 3551 of title 31, United States Code, is amended to read as follows:

    ``(i) any official who is responsible for submitting the agency tender in such competition; and''.

    (c) Decisions on Protests.--Section 3554(b) of title 31, United States Code, is amended--

    (1) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively;

    (2) by inserting after subparagraph (B) the following new subparagraph (C):

    ``(C) cancel the solicitation issued pursuant to the public-private competition conducted under Office of Management and Budget Circular A-76 or any successor circular;''; and

    (3) in subparagraph (G), as redesignated by paragraph (1), by striking ``, and (E)'' and inserting ``, (E), and (F)''.

    (d) Applicability.--The amendments made by this section shall apply--

    (1) to any protest or civil action that relates to a public-private competition conducted after the date of the enactment of this Act under Office of Management and Budget Circular A-76, or any successor circular; and

    (2) to a decision made after the date of the enactment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A-76.

   The House bill contained a provision (sec. 329) that would clarify language in section 3551 of title 31, United States Code, addressing bid protests filed on behalf of federal employees.

   The Senate amendment contained no similar provision.

   The Senate recedes with an amendment deleting language that would have expanded standing in bid protests.

House Report 111-166 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

SECTION 329--AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL EMPLOYEES AND AGENCY OFFICIALS IN CONVERSION OF FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE BY A CONTRACTOR

This section would make technical and clarifying amendments to sections 3551 and 3557 of title 31 of United States Code related to the filing of bid protests by federal employee representatives to appeal the outcome of a public-private competition that resulted in award to performance by a contractor.