Page:United States Statutes at Large Volume 108 Part 4.djvu/658

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


108 STAT. 3292 PUBLIC LAW 103-355—OCT. 13, 1994 procurement authority), the board of contract appeals of the General Services Administration (hereafter in this subsection referred to as the *board') shall review, as provided in this subsection, any decision by a contracting officer that is alleged to violate a statute, a regulation, or the conditions of a delegation of procurement authority.". SEC. 1433. PERIODS FOR CERTAIN ACTIONS. (a) SUSPENSION OF PROCUREMENT AUTHORITY. — Section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(i)) is amended— (1) in paragraph (2)(B)— (A) by redesignating clauses (i) and (ii) as subclauses (1) and (II), respectively; (B) by inserting "(i)" after "(B)"; and (C) by adding at the end the following: "(ii) A suspension under this subparagraph shall not preclude the Federal agency concerned from continuing the procurement process up to but not including award of the contract unless the board determines such action is not in the best interests of the ! United States."; and (2) in paragraph (3), by striking out subparagraph (A) and inserting in lieu thereof the following: "(A)(i) If, with respect to an award of a contract, the board receives notice of a protest under this subsection within the period described in clause (ii), the board shall, at the request of an interested party, hold a hearing to determine whether the board should suspend the procurement authority of the Administrator or the Administrator's delegation of procurement authority for the protested procurement on an interim basis until the board can decide the protest. "(ii) The period referred to in clause (i) is the period beginning on the date on which the contract is awarded and ending at the end of the later of— "(I) the tenth day after the date of contract award; or "(II) the fifth day after the debriefing date offered to an unsuccessful offeror for any debriefing that is requested and, when requested, is required. "(iii) The board shall hold the requested hearing within 5 days after the date of the filing of the protest or, in the case of a request for debriefing under the provisions of section 2305(b)(5) of title 10, United States Code, or section 303B(e) of this Act, within 5 days after the later of the date of the filing of the protest or the date of the debriefing.". (b) FINAL DECISION.— Paragraph (4)(B) of such section 111(f) is amended— (1) by striking out "45 working days" and inserting in lieu thereof "65 days"; and (2) by adding at the end the following: "An amendment which adds a new ground of protest should be resolved, to the maximum extent practicable, within the time limits established for resolution of the initial protest.". SEC. 1434. DISMISSALS OF PROTESTS. Section 111(f)(4) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(4)) is amended by striking out subparagraph (C) and inserting in lieu thereof the following: