12 2 STA T .63PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 underthis su bc h ap ter that re l ates t o such public - pri- v ate co m petition , has been desi g nated as the agent o f the F ederal emplo y eesbyama j ority of such employees .’ ’. ( b )EXPEDIT ED AC TI ON . — ( 1 ) I N G ENE RAL .— S ubchapter V of chapter 35 of such title is amended by adding at the end the follo w ing new section
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‘ §35 5 7.Expedit ed ac ti on inp r ote s tso fPubl ic - Pri v ate co m - petitions ‘ ‘For any protest of a public-private competition conducted under O ffice of M anagement and B udget C ircular A –76 with respect to the performance of an activity or function of a Federal agency, the Comptroller G eneral shall administer the provisions of this subchapter in the manner best suited for e x pediting the final resolu- tion of the protest and the final action in the public-private competi- tion.’’. ( 2 ) CLERICAL A M ENDMENT.— T he chapter analysis at the beginning of such chapter is amended by inserting after the item relating to section 3556 the following new item: ‘ ‘ 35 5 7.Expedit ed ac ti on inp r ote s tso f p ubl ic - pri v ate co m petitions. ’ ’. (c) R IG H T TO INTER V ENE IN CIVIL ACTION.—Section 1 49 1(b) of title 2 8 , U nited States Code, is amended by adding at the end the following new paragraph: ‘‘(5) If an interested party who is a member of the private sector commences an action described in paragraph (1) with respect to a public-private competition conducted under Office of Manage- ment and Budget Circular A–76 regarding the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, then an interested party described in section 3551(2)(B) of title 31 shall be entitled to intervene in that action.’’. (d) APPLICA B ILIT Y .—Subparagraph (B) of section 3551(2) of title 31, United States Code (as added by subsection (a)), and paragraph (5) of section 1491(b) of title 28, United States Code (as added by subsection (c)), shall apply to— (1) a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency that is made pursuant to a study initiated under Office of Management and Budget Circular A–76 on or after J anuary 1, 2 0 04
and (2) any other protest or civil action that relates to a public- private competition initiated under Office of Management and Budget Circular A–76, or to a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, on or after the date of the enactment of this Act. SEC.327 . PUBLI C - P R I VAT EC OM PETITIO N RE Q UIRE D BE F ORE CONVERSION TO CONTRACTOR PERFORMANCE. (a) IN GENERAL.—The Office of Federal P rocurement Policy Act (41 U.S.C. 403 et se q .) is amended by adding at the end the following new section: 28USC149 1 note.
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