31-U.S.C.-3556
§3556 – Nonexclusivity of Remedies; Matters Included In Agency Record
Pathway
Title 31 > Subtitle III > Chapter 35 > Subchapter V > Section 3556
Details
- Reference: Section 3556
- Legend: §3556 – Nonexclusivity of Remedies; Matters Included In Agency Record
- USCode Year: 2013
Provision Content
This subchapter does not give the Comptroller General exclusive jurisdiction over protests, and nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in the United States Court of Federal Claims. In any such action based on a procurement or proposed procurement with respect to which a protest has been filed under this subchapter, the reports required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such procurement or proposed procurement and any decision or recommendation of the Comptroller General under this subchapter with respect to such procurement or proposed procurement shall be considered to be part of the agency record subject to review.
(Added Pub. L. 98–369, div. B, title VII, §2741(a), July 18, 1984, 98 Stat. 1202; amended Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–320, §12(f), Oct. 19, 1996, 110 Stat. 3876.)
Amendments
1996—Pub. L. 104–320, which directed the amendment of this section by striking a court of the United States or in first sentence, was executed by striking a district court of the United States or after to file an action in in first sentence to reflect the probable intent of Congress.
1992—Pub. L. 102–572 substituted United States Court of Federal Claims for United States Claims Court.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–320 effective Jan. 1, 2001, see section 12(f) of Pub. L. 104–320, set out as a Nonexclusivity of GAO Remedies note below.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
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.
Nonexclusivity of GAO Remedies
Pub. L. 104–320, §12(f), Oct. 19, 1996, 110 Stat. 3876, provided that: In the event that the bid protest jurisdiction of the district courts of the United States is terminated pursuant to subsection (d) [set out as a Sunset Provision note under section 1491 of Title 28, Judiciary and Judicial Procedure], then section 3556 of title 31, United States Code, shall be amended by striking ‘a court of the United States or’ in the first sentence. [Bid protest jurisdiction of the district courts of the United States terminated on Jan. 1, 2001, pursuant to section 12(d) of Pub. L. 104–320.]
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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