Sec. 804. Pilot program on payment of costs for denied Government Accountability Office bid protests
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The Secretary of Defense shall carry out a pilot program to determine the effectiveness of requiring contractors to reimburse the Department of Defense for costs incurred in processing covered protests. The pilot program under subsection
(a)shall— begin on the date that is two years after the date of the enactment of this Act; and end on the date that is five years after the date of the enactment of this Act. Not later than 90 days after the date on which the pilot program under subsection
(a)ends, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report assessing the feasibility of making permanent such pilot program. In this section: The term covered protest means a bid protest that is a final bid protest and that was filed during the period beginning on October 1, 2025, and ending on September 30, 2028, by a party with revenues in excess of $250,000,000 (based on fiscal year 2023 constant dollars) during the fiscal year immediately preceding the fiscal year in which such party filed such bid protest. The term final bid protest means a bid protest that was denied in an opinion issued by the Government Accountability Office and such denial— has not been appealed and is no longer appealable because the time for taking an appeal has expired; or has been appealed and the appeals process for which is completed.