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Title 41, Public ContractsRelease 119-110

§3708 Protests

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 37 — AWARDING OF CONTRACTS › § 3708

Last updated Sep 22, 2026|Official source

Summary

When a protest is filed under subchapter V of chapter 35 of title 31 about a solicitation, award, or proposed award, and an actual or prospective offeror asks, the agency that ran the procurement must create a protest file and give reasonable access to actual or prospective offerors. The agency may remove or hide information that is protected from public release under section 552 of title 5 unless a protective order says otherwise. If the agency head finds the solicitation or award does not follow the law or rules, the agency may take the actions listed in subparagraphs (A)–(F) of subsection (b)(1) of section 3554 of title 31 and may pay the costs described in paragraph (1) of section 3554(c) of title 31, within the limits in paragraph (2) of that subsection.

Full Legal Text

Title 41, §3708

Public Contracts, Source: USLM XML via OLRC

(a)Protest File.—
(1)Establishment and access.—
If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an executive agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31, and an actual or prospective offeror requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors.
(2)Redacted information.—
Information exempt from disclosure under section 552 of title 5 may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise.
(b)Agency Actions on Protests.—
If, in connection with a protest, the head of an executive agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the executive agency may—
(1)take any action set out in subparagraphs (A) to (F) of subsection (b)(1) of section 3554 of title 31; and
(2)pay costs described in paragraph (1) of section 3554(c) of title 31 within the limits referred to in paragraph (2) of section 3554(c).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3708(a)41:253b(k).June 30, 1949, ch. 288, title III, § 303B(k), formerly § 303B(h), as added Pub. L. 103–355, title I, § 1065, Oct. 13, 1994, 108 Stat. 3269; redesignated as § 303B(k), Pub. L. 104–106, title XLI, § 4104(b)(2), Feb. 10, 1996, 110 Stat. 645; Pub. L. 104–106, title XLI, § 5607(c), Feb. 10, 1996, 110 Stat. 701, as amended Pub. L. 104–201, title X, § 1074(b)(7) (less

Effective Date

), Sept. 23, 1996, 110 Stat. 2660. 3708(b)41:253b(l).June 30, 1949, ch. 288, title III, § 303B(l), formerly § 303B(i), as added Pub. L. 103–355, title I, § 1066, Oct. 13, 1994, 108 Stat. 3269; redesignated as § 303B(l), Pub. L. 104–106, title XLI, § 4104(b)(2), Feb. 10, 1996, 110 Stat. 645.

Reference

Citations & Metadata

Citation

41 U.S.C. § 3708

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110