Page:United States Statutes at Large Volume 121.djvu/2051

 121 STAT. 2030

PUBLIC LAW 110–161—DEC. 26, 2007

(B) section 44920 of title 49, United States Code; (C) a commercial or industrial type function that— (i) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); or (ii) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; (D) depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code; or (E) activities that are the subject of an ongoing competition that was publicly announced prior to the date of enactment of this Act. (b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office of Management and Budget Circular A–76 shall prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances. The Circular shall provide procedures and policies for these competitions that are similar to those applied to competitions that may result in the conversion of work from performance by Federal employees to performance by a contractor. (c) BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76.— (1) ELIGIBILITY TO PROTEST.— (A) Section 3551(2) of title 31, United States Code, is amended to read as follows: ‘‘(2) The term ‘interested party’— ‘‘(A) with respect to a contract or a solicitation or other request for offers 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 ‘‘(B) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 regarding 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 OMB Circular A–76, includes— ‘‘(i) any official who submitted the agency tender in such competition; and ‘‘(ii) any one person who, for the purpose of representing them in a protest under this subchapter that relates to such competition, has been designated as their agent by a majority of the employees of such Federal agency who are engaged in the performance of such activity or function.’’. (B)(i) Subchapter V of chapter 35 of such title is amended by adding at the end the following new section:

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‘‘§ 3557. Expedited action in protests for public-private competitions ‘‘For protests in cases of public-private competitions conducted under Office of Management and Budget Circular A–76 regarding

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