31-U.S.C.-1558
§1558 – Availability of Funds Following Resolution of A Formal Protest Or Other Challenge
Pathway
Title 31 > Subtitle II > Chapter 15 > Subchapter IV > Section 1558
Details
- Reference: Section 1558
- Legend: §1558 – Availability of Funds Following Resolution of A Formal Protest Or Other Challenge
- USCode Year: 2013
Provision Content
(a) Notwithstanding section 1552 of this title or any other provision of law, funds available to an agency for obligation for a contract at the time a protest or other action referred to in subsection (b) is filed in connection with a solicitation for, proposed award of, or award of such contract shall remain available for obligation for 100 days after the date on which the final ruling is made on the protest or other action. A ruling is considered final on the date on which the time allowed for filing an appeal or request for reconsideration has expired, or the date on which a decision is rendered on such an appeal or request, whichever is later.
(b) Subsection (a) applies with respect to—
(1) any protest filed under subchapter V of chapter 35 of this title; or
(2) an action commenced under administrative procedures or for a judicial remedy if—
(A) the action involves a challenge to—
(i) a solicitation for a contract;
(ii) a proposed award of a contract;
(iii) an award of a contract; or
(iv) the eligibility of an offeror or potential offeror for a contract or of the contractor awarded the contract; and
(B) commencement of the action delays or prevents an executive agency from making an award of a contract or proceeding with a procurement.
(Added Pub. L. 101–189, div. A, title VIII, §813(a), Nov. 29, 1989, 103 Stat. 1494; amended Pub. L. 104–106, div. E, title LV, §5502(a), (b), Feb. 10, 1996, 110 Stat. 698, 699.)
Amendments
1996—Pub. L. 104–106, §5502(b), substituted of a formal protest or other challenge for of a protest in section catchline.
Subsec. (a). Pub. L. 104–106, §5502(a)(1), inserted or other action referred to in subsection (b) after time a protest, substituted 100 days for 90 working days, and inserted or other action after on the protest.
Subsec. (b). Pub. L. 104–106, §5502(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: Subsection (a) applies with respect to any protest filed under subchapter V of chapter 35 of this title or under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702.
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