§3552 — Title 31 Money and Finance | U.S. Code

Summary

Protests that say a procurement law or rule was violated must be decided by the Comptroller General when they are filed under the rules in this subchapter. An agency tender official who is an interested party under section 3551(2)(B) may file a protest about a public-private competition they are involved in. If a majority of the agency employees doing the work ask, the official must file one unless they determine there is no reasonable basis. That determination cannot be reviewed by other agencies or courts, and the official must notify Congress in writing whenever they decide there is no reasonable basis.

Title 31, §3552

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(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.

Notes & Related Subsidiaries

Editorial Notes

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)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment 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 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.

Effective Date

of 1994 AmendmentFor

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 8752 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 4751 of Title 10, Armed Forces.

Construction

of 2004 AmendmentAmendment 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.

§3552 Protests by interested parties concerning procurement actions

Summary

Title 31, §3552

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Construction

Citations & Metadata