Page:United States Statutes at Large Volume 98 Part 1.djvu/1247

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1199

"(A) increase competition for contracts with the executive agency on the basis of cost and other significant factors; and "(B) reduce the number and dollar value of noncompetitive contracts entered into by the executive agency; and "(2) a summary of the activities and accomplishments of the advocate for competition of the executive agency during the preceding fiscal year.". (b)(1) Section 6(e) of such Act (41 U.S.C. 405(e)) is amended by 97 Stat. 1326. striking out "subsection (c)" and inserting in lieu thereof "subsection (d)". (2) Section 16(1) of such Act (41 U.S.C. 414(1)) is amended to read 97 Stat. 1330. as follows: "(1) increase the use of full and open competition in the procurement of property or services by the executive agency by establishing policies, procedures, and practices that assure that the executive agency receives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Government's requirements (including performance and delivery schedules) at the lowest reasonable cost considering the nature of the property or service procured;".

Subtitle D—Procurement Protest System

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PROCUREMENT PROTEST SYSTEM

SEC. 2741. (a) Chapter 35 of title 31, United States Code, is amended by adding at the end thereof the following new subchapter:

"SUBCHAPTER V—PROCUREMENT PROTEST SYSTEM "§ 3551. Definitions 31 USC 3551. "In this subchapter— "(1) 'protest' means a written objection by an interested party to a solicitation by an executive agency for bids or proposals for a proposed contract for the procurement of property or services or a written objection by an interested party to a proposed award or the award of such a contract; "(2) 'interested party', with respect to a contract or proposed contract described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; and "(3) 'Federal agency' has the meaning given such term by section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). "§ 3552. Protests by interested parties concerning procurement 31 USC 3552. actions "A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter. An interested party who has filed a protest under section 111(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(h)) with respect to Ante, p. 1182. a procurement or proposed procurement may not file a protest with respect to that procurement under this subchapter.