Summary: S.2438 — 108th Congress (2003-2004)All Information (Except Text)

There is one summary for S.2438. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (05/19/2004)

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.