§1558 — Title 31 Money and Finance | U.S. Code

Summary

Even if other rules say otherwise, money that an agency could spend on a contract when a protest or similar challenge is filed must stay available for 100 days after the final decision on that challenge. The decision is final when the time to file an appeal runs out or when a decision on any appeal is issued, whichever comes later. This rule covers protests under subchapter V of chapter 35, and it also covers administrative or court actions that challenge a solicitation, a proposed award, an award, or an offeror’s or contractor’s eligibility — but only if starting the action delays or stops the agency from making the award or continuing the buying process.

Title 31, §1558

Money and Finance — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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)).”

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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.

§1558 Availability of funds following resolution of a formal protest or other challenge