Page:United States Statutes at Large Volume 108 Part 4.djvu/660

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


108 STAT. 3294 PUBLIC LAW 103-355 —OCT. 13, 1994 judgments. The Federal agency concerned shall reimburse that appropriation account out of funds available for the procurement.". SEC. 1437. MATTERS TO BE COVERED IN REGULATIONS. Section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)) is further amended— (1) by inserting after paragraph (6) the following: "(7)(A) The board shall adopt and issue such rules and procedures as may be necessary to the expeditious disposition of protests filed under the authority of this subsection. "(B) The procedures shall provide that, in the computation of any period described in this subsection— "(i) the day of the act, event, or default from which the designated period of time begins to run not be included; and (ii) the last day after such act, event, or default be included, unless— "(I) such last day is a Saturday, a Sunday, or a legal hoUday; or "(II) in the case of a filing of a paper at the board, such last day is a day on which weather or other conditions cause the closing of the board in which event the next day that is not a Saturday, Sunday, or legal holiday shall be included. "(C) The procedures may provide for electronic filing and dissemination of documents and information required under this subsection and in so providing shall consider the ability of all parties to achieve electronic access to such documents and records. "(D) The procedures shall provide that if the board expressly finds that a protest or a portion of a protest is frivolous or has been brought or pursued in bad faith, or that any person has willfully abused the board's process during the course of a protest, the board may impose appropriate procedural sanctions, including dismissal of the protest."; and (2) by striking out paragraph (8). SEC. 1438. DEFINITION OF PROTEST. Section 111(f)(9) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)(9)) is amended— (1) by striking out "subsection—" and inserting in lieu thereof "subsection:"; (2) by striking out subparagraph (A) and inserting in lieu thereof the following: "(A) The term 'protest' means a written objection by an interested party to any of the following: "(i) A solicitation or other request by a Federal agency for offers for a contract for the procurement of property or services. "(ii) The cancellation of such a solicitation or other request. "(iii) An award or proposed award of such a contract. "(iv) A termination or cancellation of an award of such a contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract."; and (3) by capitalizing the first letter of the first word in subparagraph (B).