; or (B) the failure of the head of an agency to comply with any requirement under this Act. (2) Notice A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4(d)(4) of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. (3) Party conducting the action Before the expiration of the 60-day period under paragraph (2), the Government shall— (A) proceed with the action, in which case the action shall be conducted by the Government