Page:United States Statutes at Large Volume 98 Part 1.djvu/1230

 98 STAT. 1182

PUBLIC LAW 98-369—JULY 18, 1984 "(i) adequate price competition, "(ii) established catalog or market prices of commercial items sold in substantial quantities to the general public, or "(iii) prices set by law or regulation, or "(B) in exceptional cases, where the agency head determines that the requirements of this subsection may be waived and states in writing the reasons for such determination.". AUTOMATED DATA PROCESSING DISPUTE RESOLUTION

Post, p. 1199.

SEC. 2713. (a) Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is amended by adding at the end thereof the following new subsection: "(h)(1) Upon request of an interested party in connection with any procurement conducted under the authority of this section (including procurements conducted under delegations of procurement authority), the board of contract appeals of the General Services Administration (hereafter in this subsection referred to as the 'board'), shall review any decision by a contracting officer alleged to violate a statute or regulation. Such review shall be conducted under the standard applicable to review of contracting officer final decisions by boards of contract appeals. An interested party who has filed a protest under subchapter V of chapter 35 of title 31, United States Code, with respect to a procurement or proposed procurement may not file a protest with respect to that procurement or proposed procurement under this subsection. "(2)(A) When a protest under this subsection is filed before the award of a contract in a protested procurement, the board, at the request of an interested party and within 10 days of the filing of the protest, shall hold a hearing to determine whether the board should suspend the procurement authority of the Administrator or the Administrator's delegation of procurement authority for the protested procurement on an interim basis until the board can decide the protest. "(B) The board shall suspend the procurement authority of the Administrator or the Administrators delegation of procurement authority unless the Federal agency concerned establishes that— "(i) absent action by the board, contract award is likely to occur within 30 days of the hearing; and "(ii) urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the board. "(3)(A) If the Board receives notice of a protest under this subsection after the contract has been awarded but within 10 days after the contract award, the board shall, at the request of an interested party and within 10 days after the date of the filing of the protest, hold a hearing to determine whether the board should suspend the procurement authority of the Administrator or the Administrator's delegation of procurement authority for the challenged procurement on an interim basis until the board can decide the protest. "(B) The board shall suspend the procurement authority of the Administrator or the Administrator s delegation of procurement authority to acquire any goods or services under the contract which are not previously delivered and accepted unless the Federal agency concerned establishes that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the board.

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