Sec. 831. Review and report on the bid protest process
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The Secretary of Defense shall conduct a review of the bid protest processes related to major defense acquisition programs. The review shall examine the extent to which— the incidence and duration of bid protests have increased or decreased during the previous decade; bid protests have delayed procurement of items or services; there are differences in the incidence and outcomes of bid protests filed by incumbent and non-incumbent contractors; protests filed by incumbent contractors result in extension of the period of performance of a contract, and whether there are benefits (monetary or non-monetary) to incumbent contractors under such circumstances; and there are alternative actions or authorities that could give the Government more flexibility in managing contracts if a bid protest is filed.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent entity with appropriate expertise to conduct the review required in subsection (a). Not later than March 1, 2017, the Secretary, or his designee, shall brief the Committees on Armed Services of the Senate and House of Representatives on interim findings of the independent entity. Not later than July 1, 2017, the Secretary shall submit to the congressional defense committees a report on the findings of the independent entity, along with a description of any actions that the Secretary proposes to address the findings of the independent entity.