DECISIONS ON PROTESTS.

SEC. 1403. DECISIONS ON PROTESTS. (a) Periods for Certain Actions.— Section 3554(a) of title 31, United States Code, is amended— (1) in paragraph (1), by striking out “90 working days from” and inserting in lieu thereof “125 days after”; (2) in paragraph (2), by striking out “45 calendar days from” and inserting “65 days after”; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following new paragraph (3): “(3) An amendment to a protest that adds a new ground of protest, if timely made, should he resolved, to the maximum extent practicable, within the time limit established under paragraph (1) of this subsection for final decision of the initial protest. If an amended protest cannot be resolved within such time limit, the Comptroller General may resolve the amended protest through the express option under paragraph (2) of this subsection.”. (b) GAO Recommendations on Protests.— (1) Section 3554 of title 31, United States Code, is amended in subsection (b) by adding at the end the following new paragraph: “(3) If the Federal agency fails to implement hilly the recommendations of the Comptroller General under this subsection with respect to a solicitation for a contract or an award or proposed award of a contract within 60 days after receiving the recommendations, the head of the procuring activity responsible for that contract shall report such failure to the Comptroller General not later than 5 days after the end of such 60-day period.”. (2) Subsection (c) of such section is amended to read as follows: “(c) (1) If the Comptroller General determines that a solicitation for a contract or a proposed award or the award of a contract does not comply with a statute or regulation, the Comptroller General may recommend that the Federal agency conducting the procurement pay to an appropriate interested party the costs of— “(A) filing and pursuing the protest, including reasonable attorneys’ fees and consultant and expert witness fees; and “(B) bid and proposal preparation. “(2) No party (other than a small business concern (within the meaning of section 3(a) of the Small Business Act)) may be paid, pursuant to a recommendation made under the authority of paragraph (1)— “(A) costs for consultant and expert witness fees that exceed the highest rate of compensation for expert witnesses paid by the Federal Government; or “(B) costs for attorneys’ fees that exceed $150 per hour unless the agency determines, based on the recommendation of the Comptroller General on a case by case basis, that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee. “(3) If the Comptroller General recommends under paragraph (1) that a Federal agency pay costs to an interested party, the Federal agency shall— “(A) pay the costs promptly; or 108 STAT. 3290 “(B) if the Federal agency does not make such payment, promptly report to the Comptroller General the reasons for the failure to follow the Comptroller General’s recommendation. “(4) If the Comptroller General recommends under paragraph (1) that a Federal agency pay costs to an interested party, the Federal agency and the interested party shall attempt to reach an agreement on the amount of the costs to be paid. If the Federal agency and the interested party are unable to agree on the amount to be paid, the Comptroller General may, upon the request of the interested party, recommend to the Federal agency the amount of the costs that the Federal agency should pay.”. (3) Subsection (e) of such section is amended to read as follows: “(e) (1) The Comptroller General shall report promptly to the Committee on Governmental Affairs and the Committee on Appropriations of the Senate and to the Committee on Government Operations and the Committee on Appropriations of the House of Representatives any case in which a Federal agency fails to implement fully a recommendation of the Comptroller General under subsection (b) or (c). The report shall include— “(A) a comprehensive review of the pertinent procurement, including the circumstances of the failure of the Federal agency to implement a recommendation of the Comptroller General; and “(B) a recommendation regarding whether, in order to correct an inequity or to preserve the integrity of the procurement process, the Congress should consider— “(i) private relief legislation; “(ii) legislative rescission or cancellation of funds; “(iii) further investigation by Congress; or “(iv) other action. “(2) Not later than January 31 of each year, the Comptroller General shall transmit to the Congress a report containing a summary of each instance in which a Federal agency did not fully implement a recommendation of the Comptroller General under subsection (b) or (c) during the preceding year. The report shall also describe each instance in which a final decision in a protest was not rendered within 125 days after the date the protest is submitted to the Comptroller General.”. (4) Costs to which the Comptroller General declared an interested party to be entitled under section 3554 of title 31, United States Code, as in effect immediately before the enactment of this Act, shall, if not paid or otherwise satisfied by the Federal agency concerned before the date of the enactment of this Act, be paid promptly. (c) Restriction on Access to Certain Information.— Section 3553(f) of title 31, United States Code, is amended— (1) by inserting “(1)” after “(f)”; and (2) by adding at the end the following: “(2) (A) The Comptroller General may issue protective orders which establish terms, conditions, and restrictions for the provision of any document to a party under paragraph (1), that prohibit or restrict the disclosure by the party of information described in subparagraph (B) that is contained in such a document. “(B) Information referred to in subparagraph (A) is procurement sensitive information, trade secrets, or other proprietary or confidential research, development, or commercial information. 108 STAT. 3291 “(C) A protective order under this paragraph shall not be considered to authorize the withholding of any document or information from Congress or an executive agency.”.