I 
109TH CONGRESS 
1ST SESSION H. R. 2067
To provide for an improved acquisition system. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2005
Mr. TOM DAVIS of Virginia (for himself and Mr. HUNTER) introduced the fol-
lowing bill; which was referred to the Committee on Government Reform, 
and in addition to the Committee on Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To provide for an improved acquisition system.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Acquisition System Improvement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—ACQUISITION IMPROVEMENTS 
Sec. 101. Government-industry exchange program. 
Sec. 102. Share-in-savings amendments.
Sec. 103. Agency acquisition protests. 
Sec. 104. Use of commercially available online services for Federal procurement 
of commercial items. 
Sec. 105. Extension of deadline for report from statutory and regulatory advi-
sory panel. 
Sec. 106. Adjustment of cost accounting standard threshold. 
Sec. 107. Use of Federal supply schedules by State and local governments for 
goods and services for defense against or recovery from ter-
rorism or nuclear, biological, chemical, or radiological attack. 
Sec. 108. Uniform payment standards for contract financing. 
TITLE II—CONTRACT DISPUTE ENHANCEMENT 
Subtitle A—General Provisions 
Sec. 211. Definitions. 
Subtitle B—Establishment of Civilian and Defense Boards of Contract 
Appeals 
Sec. 221. Establishment. 
Sec. 222. Membership. 
Sec. 223. Chairmen. 
Sec. 224. Rulemaking authority. 
Sec. 225. Authorization of appropriations. 
Subtitle C—Functions of Defense and Civilian Boards of Contract Appeals 
Sec. 231. Contract disputes. 
Sec. 232. Enhanced access for small business. 
Sec. 233. Applicability to certain contracts. 
Subtitle D—Transfers and Transition, Savings, and Conforming Provisions 
Sec. 241. Transfer and allocation of appropriations and personnel. 
Sec. 242. Terminations and savings provisions. 
Sec. 243. Contract disputes authority of Boards. 
Sec. 244. References to agency Boards of contract appeals. 
Sec. 245. Conforming amendments. 
Subtitle E—Effective Date; Regulations and Appointment of Chairmen 
Sec. 251. Effective date. 
Sec. 252. Regulations. 
Sec. 253. Appointment of Chairmen of Defense Board and Civilian Board.
TITLE I—ACQUISITION 
IMPROVEMENTS 
SEC. 101. GOVERNMENT-INDUSTRY EXCHANGE PROGRAM. 
(a) IN GENERAL.—Subpart B of part III of title 5, 
United States Code, is amended by adding at the end the 
following:
‘‘CHAPTER 38—ACQUISITION 
PROFESSIONAL EXCHANGE PROGRAM
‘‘Sec. 
‘‘3801. Definitions. 
‘‘3802. General provisions. 
‘‘3803. Assignment of employees to private sector organizations. 
‘‘3804. Assignment of employees from private sector organizations. 
‘‘3805. Reporting requirement. 
‘‘3806. Regulations.
‘‘§ 3801. Definitions 
‘‘For purposes of this chapter—
‘‘(1) the term ‘agency’—
‘‘(A) subject to subparagraph (B), means 
an executive agency; and 
‘‘(B) does not include—
‘‘(i) the General Accounting Office; 
‘‘(ii) an Office of Inspector General of 
an establishment or a designated Federal 
entity established under the Inspector Gen-
eral Act of 1978; and 
‘‘(iii) the Defense Contract Audit 
Agency referred to in section 2313(b) of 
title 10; and 
‘‘(2) the term ‘detail’ means—
‘‘(A) the assignment or loan of an em-
ployee of an agency to a private sector organi-
zation without a change of position from the 
agency that employs the individual, or
‘‘(B) the assignment or loan of an em-
ployee of a private sector organization to an 
agency without a change of position from the 
private sector organization that employs the in-
dividual, 
whichever is appropriate in the context in which 
such term is used. 
‘‘§ 3802. General provisions 
‘‘(a) ASSIGNMENT AUTHORITY.—On request from or 
with the agreement of a private sector organization, and 
with the consent of the employee concerned, the head of 
an agency may arrange for the assignment of an employee 
of the agency to a private sector organization or an em-
ployee of a private sector organization to the agency. An 
eligible employee is an individual who—
‘‘(1) works in the field of Federal acquisition or 
acquisition management; 
‘‘(2) is considered an exceptional performer by 
the individual’s current employer; and 
‘‘(3) is expected to assume increased acquisition 
management responsibilities in the future. 
An employee of an agency shall be eligible to participate 
in this program only if the employee is employed at the 
GS–11 level or above (or equivalent) and is serving under
a career or career-conditional appointment or an appoint-
ment of equivalent tenure in the excepted service. 
‘‘(b) AGREEMENTS.—Each agency that exercises its 
authority under this chapter shall provide for a written 
agreement between the agency and the employee con-
cerned regarding the terms and conditions of the employ-
ee’s assignment. In the case of an employee of the agency, 
the agreement shall—
‘‘(1) require the employee to serve in the civil 
service, upon completion of the assignment, for a pe-
riod equal to the length of the assignment; and 
‘‘(2) provide that, in the event the employee 
fails to carry out the agreement (except for good and 
sufficient reason, as determined by the head of the 
agency from which assigned) the employee shall be 
liable to the United States for payment of all ex-
penses of the assignment. 
An amount under paragraph (2) shall be treated as a debt 
due the United States. 
‘‘(c) TERMINATION.—Assignments may be termi-
nated by the agency or private sector organization con-
cerned for any reason at any time. 
‘‘(d) DURATION.—Assignments under this chapter 
shall be for a period of between 6 months and 1 year, 
and may be extended in 3-month increments for a total
of not more than 1 additional year, except that no assign-
ment under this chapter may commence after the end of 
the 5-year period beginning on the date of the enactment 
of this chapter. 
‘‘(e) ASSISTANCE.—The Administrator for Federal 
Procurement Policy, by agreement with the Office of Per-
sonnel Management, may assist in the administration of 
this chapter, including by maintaining lists of potential 
candidates for assignment under this chapter, establishing 
mentoring relationships for the benefit of individuals who 
are given assignments under this chapter, and publicizing 
the program. 
‘‘(f) CONSIDERATIONS.—In exercising any authority 
under this chapter, an agency shall take into consider-
ation—
‘‘(1) the need to ensure that small business con-
cerns are appropriately represented with respect to 
the assignments described in sections 3803 and 
3804, respectively; and 
‘‘(2) how assignments described in section 3803 
might best be used to help meet the needs of the 
agency for the training of employees in acquisition 
management.
‘‘§ 3803. Assignment of employees to private sector or-
ganizations 
‘‘(a) IN GENERAL.—An employee of an agency as-
signed to a private sector organization under this chapter 
is deemed, during the period of the assignment, to be on 
detail to a regular work assignment in his agency. 
‘‘(b) COORDINATION WITH CHAPTER 81.—Notwith-
standing any other provision of law, an employee of an 
agency assigned to a private sector organization under this 
chapter is entitled to retain coverage, rights, and benefits 
under subchapter I of chapter 81, and employment during 
the assignment is deemed employment by the United 
States, except that, if the employee or the employee’s de-
pendents receive from the private sector organization any 
payment under an insurance policy for which the premium 
is wholly paid by the private sector organization, or other 
benefit of any kind on account of the same injury or death, 
then, the amount of such payment or benefit shall be cred-
ited against any compensation otherwise payable under 
subchapter I of chapter 81. 
‘‘(c) REIMBURSEMENTS.—The assignment of an em-
ployee to a private sector organization under this chapter 
may be made with or without reimbursement by the pri-
vate sector organization for the travel and transportation 
expenses to or from the place of assignment, subject to 
the same terms and conditions as apply with respect to
an employee of a Federal agency or a State or local gov-
ernment under section 3375, and for the pay, or a part 
thereof, of the employee during assignment. Any reim-
bursements shall be credited to the appropriation of the 
agency used for paying the travel and transportation ex-
penses or pay. 
‘‘(d) TORT LIABILITY; SUPERVISION.—The Federal 
Tort Claims Act and any other Federal tort liability stat-
ute apply to an employee of an agency assigned to a pri-
vate sector organization under this chapter. The super-
vision of the duties of an employee of an agency so as-
signed to a private sector organization may be governed 
by an agreement between the agency and the organization. 
‘‘(e) SMALL BUSINESS CONCERNS.—
‘‘(1) IN GENERAL.—The head of each agency 
shall take such actions as may be necessary to en-
sure that, of the assignments made under this chap-
ter from such agency to private sector organizations 
in each year, at least 20 percent are to small busi-
ness concerns. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘small business concern’ 
means a business concern that satisfies the 
definitions and standards specified by the Ad-
ministrator of the Small Business Administra-
tion under section 3(a)(2) of the Small Busi-
ness Act (as from time to time amended by the 
Administrator); 
‘‘(B) the term ‘year’ refers to the 12-
month period beginning on the date of the en-
actment of this chapter, and each succeeding 
12-month period in which any assignments 
under this chapter may be made; and 
‘‘(C) the assignments ‘made’ in a year are 
those commencing in such year. 
‘‘(3) REPORTING
REQUIREMENT.—An agency 
which fails to comply with paragraph (1) in a year 
shall, within 90 days after the end of such year, sub-
mit a report to the Committees on Government Re-
form and Small Business of the House of Represent-
atives and the Committees on Homeland Security 
and Governmental Affairs and Small Business of the 
Senate. The report shall include—
‘‘(A) the total number of assignments 
made under this chapter from such agency to 
private sector organizations in the year; 
‘‘(B) of that total number, the number 
(and percentage) made to small business con-
cerns; and
‘‘(C) the reasons for the agency’s non-
compliance with paragraph (1). 
‘‘(4) EXCLUSION.—This subsection shall not 
apply to an agency in any year in which it makes 
fewer than 5 assignments under this chapter to pri-
vate sector organizations. 
‘‘§ 3804. Assignment of employees from private sector 
organizations 
‘‘(a) IN GENERAL.—An employee of a private sector 
organization assigned to an agency under this chapter is 
deemed, during the period of the assignment, to be on de-
tail to such agency. 
‘‘(b) TERMS AND CONDITIONS.—An employee of a 
private sector organization assigned to an agency under 
this chapter—
‘‘(1) may continue to receive pay and benefits 
from the private sector organization from which he 
is assigned; 
‘‘(2) is deemed, notwithstanding subsection (a), 
to be an employee of the agency for the purposes 
of—
‘‘(A) chapter 73; 
‘‘(B) sections 201, 203, 205, 207, 208, 
209, 603, 606, 607, 643, 654, 1905, and 1913 
of title 18;
‘‘(C) sections 1343, 1344, and 1349(b) of 
title 31; 
‘‘(D) the Federal Tort Claims Act and any 
other Federal tort liability statute; 
‘‘(E) the Ethics in Government Act of 
1978; 
‘‘(F) section 1043 of the Internal Revenue 
Code of 1986; and 
‘‘(G) section 27 of the Office of Federal 
Procurement Policy Act; 
‘‘(3) may not have access to any trade secrets 
or to any other nonpublic information which is of 
commercial value to the private sector organization 
from which he is assigned; and 
‘‘(4) is subject to such regulations as the Presi-
dent may prescribe. 
The supervision of an employee of a private sector organi-
zation assigned to an agency under this chapter may be 
governed by agreement between the agency and the private 
sector organization concerned. Such an assignment may 
be made with or without reimbursement by the agency for 
the pay, or a part thereof, of the employee during the pe-
riod of assignment, or for any contribution of the private 
sector organization to employee benefit systems.
‘‘(c) COORDINATION WITH CHAPTER 81.—An em-
ployee of a private sector organization assigned to an 
agency under this chapter who suffers disability or dies 
as a result of personal injury sustained while performing 
duties during the assignment shall be treated, for the pur-
pose of subchapter I of chapter 81, as an employee as de-
fined by section 8101 who had sustained the injury in the 
performance of duty, except that, if the employee or the 
employee’s dependents receive from the private sector or-
ganization any payment under an insurance policy for 
which the premium is wholly paid by the private sector 
organization, or other benefit of any kind on account of 
the same injury or death, then, the amount of such pay-
ment or benefit shall be credited against any compensation 
otherwise payable under subchapter I of chapter 81. 
‘‘(d) PROHIBITION AGAINST CHARGING CERTAIN 
COSTS TO THE FEDERAL GOVERNMENT.—A private sec-
tor organization may not charge the Federal Government, 
as direct or indirect costs under a Federal contract, the 
costs of pay or benefits paid by the organization to an 
employee assigned to an agency under this chapter for the 
period of the assignment. 
‘‘§ 3805. Reporting requirement 
‘‘(a) IN GENERAL.—The Office of Personnel Manage-
ment shall, not later than April 30 and October 31 of each
year, prepare and submit to the Committee on Govern-
ment Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a semiannual report summarizing the 
operation of this chapter during the immediately preceding 
6-month period ending on March 31 and September 30, 
respectively. 
‘‘(b) CONTENT.—Each report shall include, with re-
spect to the 6-month period to which such report relates—
‘‘(1) the total number of individuals assigned 
to, and the total number of individuals assigned 
from, each agency during such period; 
‘‘(2) a brief description of each assignment in-
cluded under paragraph (1), including—
‘‘(A) the name of the assigned individual, 
as well as the private sector organization and 
the agency (including the specific bureau or 
other agency component) to or from which such 
individual was assigned; 
‘‘(B) the respective positions to and from 
which the individual was assigned, including the 
duties and responsibilities and the pay grade or 
level associated with each; and 
‘‘(C) the duration and objectives of the in-
dividual’s assignment; and
‘‘(3) such other information as the Office con-
siders appropriate. 
‘‘(c) PUBLICATION.—A copy of each report submitted 
under subsection (a)—
‘‘(1) shall be published in the Federal Register; 
and 
‘‘(2) shall be made publicly available on the 
Internet. 
‘‘(d) AGENCY COOPERATION.—On request of the Of-
fice, agencies shall furnish such information and reports 
as the Office may require in order to carry out this sec-
tion. 
‘‘§ 3806. Regulations 
‘‘The Director of the Office of Personnel Manage-
ment shall prescribe regulations for the administration of 
this chapter.’’. 
(b) REPORT.—Not later than 4 years after the date 
of the enactment of this Act, the General Accounting Of-
fice shall prepare and submit to the Committee on Govern-
ment Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a report on the operation of chapter 
38 of title 5, United States Code (as added by this sec-
tion). Such report shall include—
(1) an evaluation of the effectiveness of the pro-
gram established by such chapter; and 
(2) a recommendation as to whether such pro-
gram should be continued (with or without modifica-
tion) or allowed to lapse. 
(c) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of part III of title 5, United States Code, 
is amended by inserting after the item relating to chapter 
37 the following:
‘‘38. Acquisition Professional Exchange Program ................ 3801’’.
(d) COORDINATION WITH ACQUISITION WORKFORCE 
PROVISIONS
OF OFFICE
OF FEDERAL PROCUREMENT 
POLICY ACT.—Section 37 of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 433) is amended by add-
ing at the end the following new subsection: 
‘‘(i) AUTHORITY TO DETAIL EMPLOYEES TO NON-
FEDERAL EMPLOYERS.—(1) In carrying out the provi-
sions of this section, the Administrator, by agreement with 
the Director of the Office of Personnel Management, may 
provide for a program under which a Federal employee 
may be detailed to a non-Federal employer. The Adminis-
trator, by agreement with the Director of the Office of 
Personnel Management, shall prescribe regulations for 
such program, including the conditions for service and du-
ties as the Administrator considers necessary.
‘‘(2) An assignment described in section 3803 of title 
5, United States Code, may not be made unless a program 
under paragraph (1) is established, and the assignment 
is made in accordance with the requirements of such pro-
gram.’’. 
(e) ETHICS PROVISIONS.—
(1) ONE-YEAR RESTRICTION ON CERTAIN COM-
MUNICATIONS.—Section 207(c)(2)(A)(v) of title 18, 
United States Code, is amended by inserting ‘‘or 
38’’ after ‘‘chapter 37’’. 
(2) DISCLOSURE OF CONFIDENTIAL INFORMA-
TION.—Section 1905 of title 18, United States Code, 
is amended by inserting ‘‘or 38’’ after ‘‘chapter 37’’. 
(3) CONTRACT ADVICE.—Section 207(l) of title 
18, United States Code, is amended—
(A) in the subsection heading, by striking 
‘‘Details.—’’ and inserting ‘‘Detailees.—’’; and 
(B) by inserting ‘‘or 38’’ after ‘‘chapter 
37’’. 
(4) RESTRICTION
ON
DISCLOSURE
OF
PRO-
CUREMENT INFORMATION.—Section 27 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 423) 
is amended in the last sentence of subsection (a)(1) 
by inserting ‘‘or 38’’ after ‘‘chapter 37’’. 
(f) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) AMENDMENTS TO TITLE 5, UNITED STATES 
CODE.—Title 5, United States Code, is amended—
(A) in section 3111(d), by inserting ‘‘or 
38’’ after ‘‘chapter 37’’; and 
(B) in section 7353(b)(4), by inserting ‘‘or 
38’’ after ‘‘chapter 37’’. 
(2) AMENDMENT TO TITLE 18, UNITED STATES 
CODE.—Section 209(g) of title 18, United States 
Code, is amended—
(A) in paragraph (1), by inserting ‘‘or 38’’ 
after ‘‘chapter 37’’; and 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) For purposes of this subsection, the term ‘agen-
cy’—
‘‘(A) with respect to assignments under chapter 
37 of title 5, means an agency (as defined in section 
3701 of title 5) and the Office of the Chief Tech-
nology Officer of the District of Columbia; and 
‘‘(B) with respect to assignments under chapter 
38 of title 5, means an agency (as defined by section 
3801 of title 5).’’. 
(3) ELIGIBILITY FOR THRIFT SAVINGS PLAN.—
Section 125(c)(1)(D) of Public Law 100–238 (101
Stat. 1757; 5 U.S.C. 8432 note) is amended by in-
serting ‘‘or 38’’ after ‘‘chapter 37’’. 
SEC. 102. SHARE-IN-SAVINGS AMENDMENTS. 
(a) DEFENSE CONTRACTS.—Section 2332 of title 10, 
United States Code, is amended—
(1) in subsection (b)(3)(B), by striking ‘‘in each 
of fiscal years 2003, 2004, and 2005’’ and inserting 
‘‘in the fiscal year’’; and 
(2) by striking subsection (d). 
(b) OTHER CONTRACTS.—Section 317 of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 266a) is amended—
(1) in subsection (b)(3)(B), by striking ‘‘in each 
of fiscal years 2003, 2004, and 2005’’ and inserting 
‘‘in the fiscal year’’; and 
(2) by striking subsection (d). 
(c) TECHNICAL CORRECTION AMENDMENT.—Section 
317 of such Act (41 U.S.C. 266a) is amended in sub-
section (b)(3)(B) by striking ‘‘chapter’’ and inserting 
‘‘title’’. 
SEC. 103. AGENCY ACQUISITION PROTESTS. 
(a) DEFENSE CONTRACTS.—(1) Chapter 137 of title 
10, United States Code, is amended by inserting after sec-
tion 2305a the following new section:
‘‘§ 2305b. Protests 
‘‘(a) IN GENERAL.—An interested party may protest 
an acquisition of supplies or services by an agency based 
on an alleged violation of an acquisition law or regulation, 
and a decision regarding such alleged violation shall be 
made by the agency in accordance with this section. 
‘‘(b) RESTRICTION
ON CONTRACT AWARD PEND-
ING.—(1) Except as provided in paragraph (2), a contract 
may not be awarded by an agency after a protest con-
cerning the acquisition has been submitted under this sec-
tion and while the protest is pending. 
‘‘(2) The head of the acquisition activity responsible 
for the award of the contract may authorize the award 
of a contract, notwithstanding a pending protest under 
this section, upon making a written finding that urgent 
and compelling circumstances do not allow for waiting for 
a decision on the protest. 
‘‘(c) RESTRICTION
ON CONTRACT PERFORMANCE 
PENDING DECISION.—(1) Except as provided in para-
graph (2), performance of a contract may not be author-
ized (and performance of the contract shall cease if per-
formance has already begun) in any case in which a pro-
test of the contract award is submitted under this section 
before the later of—
‘‘(A) the date that is 10 days after the date of 
contract award; or
‘‘(B) the date that is five days after an agency 
debriefing date offered to an unsuccessful offeror for 
any debriefing that is requested and, when re-
quested, is required, under section 2305(b)(5) of 
this title. 
‘‘(2) The head of the acquisition activity responsible 
for the award of a contract may authorize performance 
of the contract notwithstanding a pending protest under 
this section upon making a written finding that urgent 
and compelling circumstances do not allow for waiting for 
a decision on the protest. 
‘‘(d) DEADLINE FOR DECISION.—The head of an 
agency shall issue a decision on a protest under this sec-
tion not later than the date that is 20 working days after 
the date on which the protest is submitted to such head 
of an agency. 
‘‘(e) JUDICIAL REVIEW.—A decision on a protest 
under this section is not subject to judicial review. 
‘‘(f) CONSTRUCTION.—Nothing in this section shall 
affect the right of an interested party to file a protest with 
the Comptroller General under subchapter V of chapter 
35 of title 31. An interested party who has filed a protest 
under this section with respect to an acquisition may not 
file an action with respect to that acquisition in the United
States Court of Federal Claims while the protest is pend-
ing. 
‘‘(g) DEFINITIONS.—In this section, the terms ‘pro-
test’ and ‘interested party’ have the meanings given such 
terms in section 3551 of title 31.’’. 
(2) The table of sections at the beginning of such 
chapter is amended by inserting after the item relating 
to section 2305a the following new item:
‘‘2305b. Protests.’’.
(b) OTHER AGENCIES.—Title III of the Federal 
Property and Administrative Services Act of 1949 is 
amended by inserting after section 303M (41 U.S.C. 
253m) the following new section: 
‘‘SEC. 303N. PROTESTS. 
‘‘(a) IN GENERAL.—An interested party may protest 
an acquisition of supplies or services by an executive agen-
cy based on an alleged violation of an acquisition law or 
regulation, and a decision regarding such alleged violation 
shall be made by the agency in accordance with this sec-
tion. 
‘‘(b) RESTRICTION ON CONTRACT AWARD PENDING 
DECISION.—(1) Except as provided in paragraph (2), a 
contract may not be awarded by an agency after a protest 
concerning the acquisition has been submitted under this 
section and while the protest is pending.
‘‘(2) The head of the acquisition activity responsible 
for the award of a contract may authorize the award of 
the contract, notwithstanding a pending protest under this 
section, upon making a written finding that urgent and 
compelling circumstances do not allow for waiting for a 
decision on the protest. 
‘‘(c) RESTRICTION
ON CONTRACT PERFORMANCE 
PENDING DECISION.—(1) Except as provided in para-
graph (2), performance of a contract may not be author-
ized (and performance of the contract shall cease if per-
formance has already begun) in any case in which a pro-
test of the contract award is submitted under this section 
before the later of—
‘‘(A) the date that is 10 days after the date of 
contract award; or 
‘‘(B) the date that is five days after an agency 
debriefing date offered to an unsuccessful offeror for 
any debriefing that is requested and, when re-
quested, is required, under section 303B(e) of this 
title. 
‘‘(2) The head of the acquisition activity responsible 
for the award of a contract may authorize performance 
of the contract notwithstanding a pending protest under 
this section upon making a written finding that urgent
and compelling circumstances do not allow for waiting for 
a decision on the protest. 
‘‘(d) DEADLINE FOR DECISION.—The head of an ex-
ecutive agency shall issue a decision on a protest under 
this section not later than the date that is 20 working 
days after the date on which the protest is submitted to 
the executive agency. 
‘‘(e) JUDICIAL REVIEW.—A decision on a protest 
under this section shall not be subject to judicial review. 
‘‘(f) CONSTRUCTION.—Nothing in this section shall 
affect the right of an interested party to file a protest with 
the Comptroller General under subchapter V of chapter 
35 of title 31, United States Code. An interested party 
who has filed a protest under this section with respect to 
an acquisition may not file an action with respect to that 
acquisition in the United States Court of Federal Claims 
while the protest is pending. 
‘‘(g) DEFINITIONS.—In this section, the terms ‘pro-
test’ and ‘interested party’ have the meanings given such 
terms in section 3551 of title 31, United States Code.’’. 
(c) CONFORMING AMENDMENT.—Section 3553(d)(4) 
of title 31, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end;
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) in the case of a protest of the same matter 
regarding such contract that is submitted under sec-
tion 2305b of title 10 or section 303N of the Fed-
eral Property and Administrative Services Act of 
1949, the date that is 5 days after the date on 
which a decision on that protest is issued.’’. 
SEC. 104. USE OF COMMERCIALLY AVAILABLE ONLINE 
SERVICES FOR FEDERAL PROCUREMENT OF 
COMMERCIAL ITEMS. 
(a) AMENDMENT
TO
THE FEDERAL ACQUISITION 
REGULATION.—Not later than 180 days after the date of 
the enactment of this Act, the Federal Acquisition Regula-
tion shall be revised to include provisions that require the 
head of an executive agency, to the maximum extent prac-
ticable, to use commercially available online procurement 
services to purchase commercial items, including those 
procurement services that allow the agency to conduct re-
verse auctions. 
(b) REPORT.—Not later than one year after the revi-
sions to the Federal Acquisition Regulation are issued 
pursuant to subsection (a), the Administrator for Federal