Sec. 803. Independent study of matters related to bid protests
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent research entity that is a not-for-profit entity or a federally funded research and development center with appropriate expertise and analytical capability to carry out a comprehensive study of factors leading to the filing of bid protests. The study shall examine issues such as the following: The variable influences on the net benefit (monetary and non-monetary) to contractors either filing a protest or indicating intent to file a protest.
The extent to which protests are filed by incumbent contractors for purposes of extending a contract’s period of performance. The extent to which companies file protests even when those companies do not believe there was an error in the procurement process. The time it takes agencies to implement corrective actions after a ruling or decision. Not later than one year after the date of the enactment of this Act, the independent entity shall provide to the Secretary and the congressional defense committees a report on the results of the study, along with any recommendations it may have.