S.Amdt. 3708

SA 3708, submitted by Mr. Mullin, aims to add a new section called the Government Accountability Office Bid Protest Process Enhancement to bill S. 2296.

The purpose of this amendment is to change how the Department of Defense handles certain bid protests and the performance of contracts. Specifically, it aims to:

• Require the Secretary of Defense to create rules allowing contracting officers to file claims against incumbent contractors who file a covered bid protest. A covered bid protest is one filed by an incumbent contractor that is finally determined to be dismissed due to a lack of any reasonable legal or factual basis.

• Limit the remedy for these claims to the disgorgement of any profits and fees earned by the incumbent contractor during the disgorgement period. This period is when a contract was awarded or extended because the Department of Defense was prohibited from awarding a new contract while the protest was pending.

• Ensure that any money received from these claims is put back into the fund or account used to pay for the contract, or into a currently available account for the same purpose.

• Amend section 3553 of title 31, United States Code, to allow the head of a procuring activity to find that the performance of a contract would facilitate the national defense.

• Prevent a contracting officer from determining that immediate performance of a contract is not in the best interests of the United States if the officer determines that the performance would facilitate the national defense.