AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL EMPLOYEES AND AGENCY OFFICIALS IN CONVERSIONS OF FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE BY A CONTRACTOR.

SEC. 327. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL EMPLOYEES AND AGENCY OFFICIALS IN CONVERSIONS OF FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE BY A CONTRACTOR.(a) Protest Jurisdiction of the Comptroller General.—Section 3551(1) of title 31, United States Code, is amended by adding at the end the following new subparagraph:“(E) Conversion of a function that is being performed by Federal employees to private sector performance.”.(b) Eligibility to Protest Public-private 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) Decisions on Protests.—Section 3554(b) of title 31, United States Code, is amended—(1) by redesignating subparagraphs (C) through (G) as subparagraphs (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 Office of Management and Budget Circular A–76 or any successor circular;”; and(3) in subparagraph (G), as redesignated by paragraph (1), by striking “, and (E)” and inserting “, (E), and (F)”.(d) Applicability.—The 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.