Page:United States Statutes at Large Volume 108 Part 4.djvu/635

 PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3269 any information that is exempt from disclosure under section 552(b) of title 5, United States Code. "(4) Each solicitation for competitive proposals shall include a statement that information described in paragraph (2) may be disclosed in post-award debriefings. "(5) If, within one year after the date of the contract award and as a result of a successful procurement protest, the executive agency seeks to fulfill the requirement under the protested contract either on the basis of a new solicitation of offers or on the basis of new best and final offers requested for that contract, the head of such executive agency shall make available to all offerors— "(A) the information provided in debriefings under this subsection regarding the ofiTer of the contractor awarded the contract; and "(B) the same information that would have been provided to the original offerors. "(6) The contracting officer shall include a summary of the debriefing in the contract file.". SEC. 1065. PROTEST FILE. Section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b), as amended by section 1064(1), is further amended by adding at the end the following: "(h) PROTEST FILE.— (1) If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an executive agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31, United States Code, and an actual or prospective offeror so requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors. "(2) Information exempt from disclosure under section 552 of title 5, United States Code, may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise. "(3) Regulations implementing this subsection shall be consistent with the regulations regarding the preparation and submission of an agenc/s protest file (the so-called 'rule 4 file') for protests to the General Services Board of Contract Appe£ds under section 111 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 759).". SEC. 1066. AGENCY ACTIONS ON PROTESTS. Section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b), as amended by section 1065, is further amended by adding at the end the following new subsection: "(i) AGENCY ACTIONS ON PROTESTS.—If, in connection with a protest, the head of an executive agency determines that a solicitation, proposed award, or award does not comply with the requirements 01 law or regulation, the head of such executive agency— "(1) may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of section 3554 of title 31, United States Code; and "(2) may pay costs described in paragraph (1) of section 3554(c) of such title within the limits referred to in paragraph (2) of such section.".

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