Page:United States Statutes at Large Volume 123.djvu/2275

 123STA T . 22 5 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9inef fe cto nt h e da te of the enact m ent of thi sA ct ) of the F ede r a l Ac qu isition R e g ulation .SEC.327 . AM E ND MEN T ST OBI D PR OTEST PROCED U RES B YF EDERA L EMPLOYEES AND A G ENCY OFFICIALS IN CON V ERSIONS OF FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE BY A CONTRACTOR. ( a) PROTES T JU R I S D I C TIO N O F T H E C O MP TRO L LER G ENER A L. —S ection 35 5 1 (1) of title 31 ,U nited States Code, is amended by adding at the end the follo w ing new sub p aragraph

‘( E ) Con v ersion of a function that is being performed by Federal employees to private sector performance. ’ ’. (b) ELI G I B ILIT Y TO PROTEST PUBLIC - PRI V ATE COMPETITIONS.— Clause (i) of paragraph ( 2 )( B ) of section 3551 of title 31, United States Code, is amended to read as follows: ‘‘(i) any official who is responsible for submitting the agency tender in such competition and’’. (c) D ECISIONS ON PROTESTS.—Section 355 4 (b) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (C) through (G) as sub- paragraphs (D) through ( H ), respectively; (2) by inserting after subparagraph (B) the following new subparagraph (C): ‘‘(C) cancel the solicitation issued pursuant to the public-private competition conducted under O ffice of M anagement and Budget Circular A –76 or any successor circular;’’; and (3) in subparagraph (G), as redesignated by paragraph (1), by stri k ing ‘‘, and (E)’’ and inserting ‘‘, (E), and (F)’’. (d) APPLICABILITY.— T he amendments made by this section shall apply— (1) to any protest or civil action that relates to a public- private competition conducted after the date of the enactment of this Act under Office of Management and Budget Circular A–76, or any successor circular; and (2) to a decision made after the date of the enactment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76. SEC. 32 8 . IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES. (a) I NVENTORY MANAGEMENT PRACTICES IMPROVEMENT PLAN RE Q UIRED.— N ot later than 27 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congres- sional defense committees a comprehensive plan for improving the inventory management systems of the military departments and the Defense L ogistics Agency with the ob j ective of reducing the acquisition and storage of secondary inventory that is e x cess to requirements. (b) ELEMENTS.—The plan under subsection (a) shall include the following: (1) A plan for a comprehensive review of demand-fore- casting procedures to identify and correct any systematic weak- nesses in such procedures, including the development of metrics to identify bias toward over-forecasting and adjust forecasting methods accordingly. (2) A plan to accelerate the efforts of the Department of Defense to achieve total asset visibility, including efforts Deadlin e .10USC2458 n ot e. 3 1 USC 3551 note.