31-U.S.C.-3552
§3552 – Protests By Interested Parties Concerning Procurement Actions
Pathway
Title 31 > Subtitle III > Chapter 35 > Subchapter V > Section 3552
Details
- Reference: Section 3552
- Legend: §3552 – Protests By Interested Parties Concerning Procurement Actions
- USCode Year: 2013
Provision Content
(a) A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter.
(b)(1) In the case of an agency tender official who is an interested party under section 3551(2)(B) of this title, the official may file a protest in connection with the public-private competition for which the official is an interested party. At the request of a majority of the employees of the Federal agency who are engaged in the performance of the activity or function subject to such public-private competition, the official shall file a protest in connection with such public-private competition unless the official determines that there is no reasonable basis for the protest.
(2) The determination of an agency tender official under paragraph (1) whether or not to file a protest is not subject to administrative or judicial review. An agency tender official shall provide written notification to Congress whenever the official makes a determination under paragraph (1) that there is no reasonable basis for a protest.
(Added Pub. L. 98–369, div. B, title VII, §2741(a), July 18, 1984, 98 Stat. 1199; amended Pub. L. 103–272, §4(f)(1)(L), July 5, 1994, 108 Stat. 1362; Pub. L. 103–355, title X, §10005(d), Oct. 13, 1994, 108 Stat. 3408; Pub. L. 104–106, div. E, title LVI, §5603, Feb. 10, 1996, 110 Stat. 700; Pub. L. 108–375, div. A, title III, §326(b), Oct. 28, 2004, 118 Stat. 1848.)
Amendments
2004—Pub. L. 108–375 designated existing provisions as subsec. (a) and added subsec. (b).
1996—Pub. L. 104–106 struck out at end An interested party who has filed a protest under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)) with respect to a procurement or proposed procurement may not file a protest with respect to that procurement under this subchapter.
1994—Pub. L. 103–272 and Pub. L. 103–355 amended section identically, substituting section 111(f) for section 111(h) and 759(f) for 759(h).
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–375 applicable to protests filed under this subchapter that relate to studies initiated under Office of Management and Budget Circular A–76 on or after the end of the 90-day period beginning on Oct. 28, 2004, see section 326(d) of Pub. L. 108–375, set out as a note under section 3551 of this title.
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.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 2302 of Title 10, Armed Forces.
Effective Date
Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98–369, set out as a note under section 2302 of Title 10, Armed Forces.
Construction of 2004 Amendment
Amendment by Pub. L. 108–375 not to be construed to authorize the use of a protest under this subchapter with regard to a decision made by an agency tender official, see section 326(e) of Pub. L. 108–375, set out as a note under section 3551 of this title.
U.S. Encyclopedia of Law Coverage
19-U.S.C.-2518 in the Legal Encyclopedia: Procurement
In this entry about 19-U.S.C.-2518, find legal reference material, bibliographies and premiere content related to procurement in the American Encyclopedia of Law, presenting a comprehensive view of the United States procurement-specific issues, written by authorities in the field.
31-U.S.C.-3524 in the Legal Encyclopedia: Financial Management
In this entry about 31-U.S.C.-3524, find legal reference material, bibliographies and premiere content related to financial management in the American Encyclopedia of Law, presenting a comprehensive view of the United States financial management-specific issues, written by authorities in the field.
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