Sec. 885. PROPOSAL FOR PAYMENT OF COSTS FOR CERTAIN GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS

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## SEC. 885 PROPOSAL FOR PAYMENT OF COSTS FOR CERTAIN GOVERNMENT ACCOUNTABILITY OFFICE BID PROTESTS ###

(a)In General Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States, in coordination with the Secretary of Defense, shall submit to the covered committees a proposal that includes the following: ####

(1)A process for enhanced pleading standards described in subsection (b). ####

(2)The benchmarks described in subsection (c). ####

(3)A process for payment by an unsuccessful party in a covered protest to the Government and the contractor awarded the contract that was the subject of the bid protest in accordance with the benchmarks described in subsection (c). ###

(b)Enhanced Plea Standards The process for enhanced pleading standards described in this subsection is a process under which the Comptroller General shall apply enhanced pleading standards, as developed by the Comptroller General in coordination with the Secretary of Defense, to an interested party with respect to a covered protest submitted by such interested party for which such interested party is seeking access to administrative records of the Department of Defense, prior to making a determination with respect to such access. ###

(c)Benchmarks The benchmarks described in this subsection are as follows: ####

(1)A chart of the average costs to the Department of Defense and the Government Accountability Office of a covered protest based on the value of the contract that is the subject of the covered protest. ####

(2)A chart of the costs of the lost profit rates of the contractor awarded a contract that was the subject of a covered protest after such award. ###

(d)Lost Profit Calculation With respect to contracts that are the subject of a covered protest, the lost profit rates under subsection (c)(2) shall be equal to the profit that the contractor awarded the contract would have earned if the contractor has performed under such contract during the period performance under such contract by such contractor was suspended under section 3553(d) of title 31, United States Code, pursuant to such covered protest. ###

(e)Definitions In this section: ####

(1)The term “covered committees” means the following: #####

(A)The congressional defense committees. #####

(B)The Committee on Oversight and Accountability of the House of Representatives. #####

(C)The Committee on Homeland Security and Governmental Affairs of the Senate. ####

(2)The term “covered protest” means a protest submitted by an interested party to the Comptroller General under chapter 35 of title 31, United States Code, for a determination by the Comptroller General under such chapter. ####

(3)The terms “interested party” and “protest” have the meanings given such terms in section 3551 of title 31, United States Code. ###

(f)Dollar Threshold for Task Order Protests Section 3406(f)(1)(B) of title 10, United States Code, is amended by striking “$25,000,000” and inserting “$35,000,000”.