Page:United States Statutes at Large Volume 122.djvu/85

 12 2 STA T .6 2 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 competi tio n o rd irect con v er s ion o faD epartment of Defense f u nction to performance by a contractor under O ffice of M ana g ement and B udget C ircu l ar A–76, or any ot h er successor regulation, directive, or policy .( b )RESTRIC TI ON ON S ECRET A R Y O F DEFENSE. —T he Secretary of Defense or the Secretary of a military department may not prepare for, underta k e, continue, or complete a public - private com- petition or direct conversion of a Department of Defense function to performance by a contractor under Office of Management and Budget Circular A–76, or any other successor regulation, directive, or policy by reason of any direction or re q uirement provided by the Office of Management and Budget. (c) I NS P ECTOR G ENERA L RE V IE W .— ( 1 )CO M PRE H ENSIVE REVIEW RE QU IRE D .—The Inspector General of the Department of Defense shall conduct a com- prehensive revie w of the compliance of the Secretary of Defense and the Secretaries of the military departments with the requirements of this section during calendar year 20 0 8 . The Inspector General shall submit to the congressional defense committees the following reports on the comprehensive review

(A) An interim report, to be submitted by not later than 9 0 days after the date of the enactment of this Act. (B) A final report, to be submitted by not later than December 3 1, 2008. (2) INSPECTOR G ENERAL ACCESS.— F or the purpose of deter- mining compliance with the requirements of this section, the Secretary of Defense shall ensure that the Inspector General has access to all Department records of relevant communica- tions between Department officials and officials of other depart- ments and agencies of the Federal Government, whether such communications occurred inside or outside of the Department. SEC.326 . BIDPROT ESTS B YF EDER AL E M PLOYEES I N ACTIONS U NDER OFFICE OF MANA G EMENT AND BUDGET CIRCULAR A –7 6. (a) E LIGI B ILITY TO P ROTEST PUBLIC-PRIVATE COMPETITIONS.— Section 3 5 51(2) of title 31, U nited 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 con- ducted under Office of Management and Budget Circular A–76 with respect to 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 Manage- ment and Budget Circular A–76, includes— ‘‘(i) any official who submitted the agency tender in such competition; and ‘‘(ii) any one individual who, for the purpose of representing the Federal employees engaged in the performance of the activity or function for which the public-private competition is conducted in a protest Records. Re p or t s. D e a d lin e.

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