Page:United States Statutes at Large Volume 111 Part 2.djvu/618

 Ill STAT. 1698 PUBLIC LAW 105-85—NOV. 18, 1997 be performed without combination by sources that are potentially qualified to submit an offer and to be awarded a contract to perform those individual workloads; Reports. "(B) the Secretary submits to Congress a report setting forth the determination together with the reasons for the determination; and "(C) the solicitation of offers for the contract is issued more than 60 days after the date on which the Secretary submits the report. "(2) The Comptroller General shall review each report submitted under paragraph (1)(B) and, not later than 30 days after the report is submitted to Congress, shall submit to Congress the Comptroller General's views regarding the determination of the Secretary that is set forth in the report, together with any other findings that the Comptroller General considers appropriate. "(f) COMPETITIVE PROCEDURES REQUIRED.— Section 2304(c)(7) of this title shall not be used as the basis for an exception to the requirement to use competitive procedures for any contract for a depot-level maintenance and repair workload described in subsection (b). "(g) REVIEWS OF COMPETITIVE PROCEDURES.— If a solicitation of offers for a contract for, or award of, any depot-level maintenance and repair workload described in subsection (b) is issued, the Comptroller General shall— "(1) within 45 days after the issuance of the solicitation, review the solicitation and report to Congress on whether the solicitation— "(A) provides substantially equal opportunity for public and private offerors to compete for the contract without regard to the location at which the workload is to be performed; and "(B) is in compliance with the requirements of this section and all applicable provisions of law and regulations; and "(2) within 45 days after any contract or award resulting from the solicitation is entered into or made, review the contract or award, including the contracting or award process, and report to Congress on whether— "(A) the procedures used to conduct the competition— "(i) provided substantially equal opportunity for public and private offerors to compete for the contract without regard to the location at which the workload is to be performed; and "(ii) were in compliance with the requirements of this section and all applicable provisions of law and regulations; "(B) appropriate consideration was given to factors other than cost in the selection of the source for performance of the workload; and "(C) the contract or award resulted in the lowest total cost to the Department of Defense for performance of the workload. "(h) RESOLUTION OF WORKLOAD AWARD OBJECTIONS. — Any public or private entity may, pursuant to procedures established by the Secretary, object to a solicitation of offers under this section for the performance of any depot-level maintenance and repair workload, or the award or proposed award of any workload pursuant

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