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31 U.S.C. § 3553 — Review of protests; effect on contracts pending decision

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3553 — Review of protests; effect on contracts pending decision

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Stable record: federal_law:legal_authorities:record_usc_3442a061e5f6c756a2ad1ef1
Source file: Laws/federal/codes/united-states-code/title-31/section-3553-review-of-protests-effect-on-contracts-pending-decision--f7a700ab83.md
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Source location: Title 31, Chapter 35, § 3553; chapter-035-accounting-and-collection.md

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**(a)** Under procedures prescribed under [section 3555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3555&num=0&edition=prelim), the Comptroller General shall decide a protest submitted to the Comptroller General by an interested party. **(b)** (1) Within one day after the receipt of a protest, the Comptroller General shall notify the Federal agency involved of the protest. (2) Except as provided in paragraph (3) of this subsection, a Federal agency receiving a notice of a protested procurement under paragraph (1) of this subsection shall submit to the Comptroller General a complete report (including all relevant documents) on the protested procurement— (A) within 30 days after the date of the agency’s receipt of that notice; (B) if the Comptroller General, upon a showing by the Federal agency, determines (and states the reasons in writing) that the specific circumstances of the protest require a longer period, within the longer period determined by the Comptroller General; or (C) in a case determined by the Comptroller General to be suitable for the express option under [section 3554(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/a/2&num=0&edition=prelim), within 20 days after the date of the Federal agency’s receipt of that determination. (3) A Federal agency need not submit a report to the Comptroller General pursuant to paragraph (2) of this subsection if the agency is sooner notified by the Comptroller General that the protest concerned has been dismissed under [section 3554(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/a/4&num=0&edition=prelim). **(c)** (1) Except as provided in paragraph (2) of this subsection, a contract may not be awarded in any procurement after the Federal agency has received notice of a protest with respect to such procurement from the Comptroller General and while the protest is pending. (2) The head of the procuring activity responsible for award of a contract may authorize the award of the contract (notwithstanding a protest of which the Federal agency has notice under this section)— (A) upon a written finding that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General under this subchapter; and (B) after the Comptroller General is advised of that finding. (3) A finding may not be made under paragraph (2)(A) of this subsection unless the award of the contract is otherwise likely to occur within 30 days after the making of such finding. **(d)** (1) A contractor awarded a Federal agency contract may, during the period described in paragraph (4), begin performance of the contract and engage in any related activities that result in obligations being incurred by the United States under the contract unless the contracting officer responsible for the award of the contract withholds authorization to proceed with performance of the contract. (2) The contracting officer may withhold an authorization to proceed with performance of the contract during the period described in paragraph (4) if the contracting officer determines in writing that— (A) a protest is likely to be filed; and (B) the immediate performance of the contract is not in the best interests of the United States. (3) (A) If the Federal agency awarding the contract receives notice of a protest in accordance with this section during the period described in paragraph (4)— (i) the contracting officer may not authorize performance of the contract to begin while the protest is pending; or (ii) if authorization for contract performance to proceed was not withheld in accordance with paragraph (2) before receipt of the notice, the contracting officer shall immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract. (B) Performance and related activities suspended pursuant to subparagraph (A)(ii) by reason of a protest may not be resumed while the protest is pending. (C) The head of the procuring activity may authorize the performance of the contract (notwithstanding a protest of which the Federal agency has notice under this section)— (i) upon a written finding that— (I) performance of the contract is in the best interests of the United States; or (II) urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General concerning the protest; and (ii) after the Comptroller General is notified of that finding. (4) (A) The period referred to in paragraphs (2) and (3)(A), with respect to a contract, is the period beginning on the date of the contract award and ending on the later of— (i) the date that is 10 days after the date of the contract award; or (ii) the date that is 5 days after the debriefing date offered to an unsuccessful offeror for any debriefing that is requested and, when requested, is required. (B) For procurements conducted by any component of the Department of Defense, the 5-day period described in subparagraph (A)(ii) does not commence until the day the Government delivers to a disappointed offeror the written responses to any questions submitted pursuant to [section 3304(c)(1)(G) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3304/c/1/G&num=0&edition=prelim). **(e)** The authority of the head of the procuring activity to make findings and to authorize the award and performance of contracts under subsections (c) and (d) of this section may not be delegated. **(f)** (1) Within such deadlines as the Comptroller General prescribes, upon request each Federal agency shall provide to an interested party any document relevant to a protested procurement action (including the report required by subsection (b)(2) of this section) that would not give that party a competitive advantage and that the party is otherwise authorized by law to receive. (2) (A) The Comptroller General may issue protective orders which establish terms, conditions, and restrictions for the provision of any document to a party under paragraph (1), that prohibit or restrict the disclosure by the party of information described in subparagraph (B) that is contained in such a document. (B) Information referred to in subparagraph (A) is procurement sensitive information, trade secrets, or other proprietary or confidential research, development, or commercial information. (C) A protective order under this paragraph shall not be considered to authorize the withholding of any document or information from Congress or an executive agency. **(g)** If an interested party files a protest in connection with a public-private competition described in [section 3551(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3551/2/B&num=0&edition=prelim), a person representing a majority of the employees of the Federal agency who are engaged in the performance of the activity or function subject to the public-private competition may intervene in protest.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2220 — Performance based management: acquisition programs

**(a) Establishment of Goals.—** The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs. **(b) Evaluation of Cost Goals.—** The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department. **(c) Sunset.—** The authority under this section shall terminate on September 30, 2018.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3551 — Definitions

In this subchapter: (1) The term “protest” means a written objection by an interested party to any of the following: (A) A solicitation or other request by a Federal agency for offers for a contract for the procurement of property or services. (B) The cancellation of such a solicitation or other request. (C) An award or proposed award of such a contract. (D) A termination or cancellation of an award of such a contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract. (E) Conversion of a function that is being performed by Federal employees to private sector performance. (2) The term “interested party”— (A) with respect to a contract or a solicitation or other request for offers described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; and (B) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 with respect to the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, includes— (i) any official who is responsible for submitting the agency tender in such competition; and (ii) any one individual who, for the purpose of representing the Federal employees engaged in the performance of the activity or function for which the public-private competition is conducted in a protest under this subchapter that relates to such public-private competition, has been designated a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8752 — Contracts for research

**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond. **(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3555 — Regulations; authority of Comptroller General to verify assertions

**(a)** The Comptroller General shall prescribe such procedures as may be necessary to the expeditious decision of protests under this subchapter, including procedures for accelerated resolution of protests under the express option authorized by [section 3554(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/a/2&num=0&edition=prelim). Such procedures shall provide that the protest process may not be delayed by the failure of a party to make a filing within the time provided for the filing. **(b)** The procedures shall provide that, in the computation of any period described in this subchapter— (1) the day of the act, event, or default from which the designated period of time begins to run not be included; and (2) the last day after such act, event, or default be included, unless— (A) such last day is a Saturday, a Sunday, or a legal holiday; or (B) in the case of a filing of a paper at the Government Accountability Office or a Federal agency, such last day is a day on which weather or other conditions cause the closing of the Government Accountability Office or Federal agency, in which event the next day that is not a Saturday, Sunday, or legal holiday shall be included. **(c) Electronic Filing and Document Dissemination System.—** (1) **Establishment and operation of system.—** — The Comptroller General shall establish and operate an electronic filing and document dissemination system under which, in accordance with procedures prescribed by the Comptroller General— (A) a person filing a protest under this subchapter may file the protest through electronic means; and (B) all documents and information required with respect to the protest may be disseminated and made available to the parties to the prote

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3555

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4751 — Determinations and decisions

**(a) Individual or Class Determinations and Decisions Authorized.—** Determinations and decisions required to be made under any chapter 137 legacy provision by the head of an agency may be made for an individual purchase or contract or, except to the extent expressly prohibited by another provision of law, for a class of purchases or contracts. Such determinations and decisions are final. **(b) Written Findings Required.—** (1) Each determination or decision under section 3531(a), 3803, or 3841(c)(2)(B) of this title shall be based on a written finding by the person making the determination or decision. The finding shall set out facts and circumstances that support the determination or decision. (2) Each finding referred to in paragraph (1) is final. The head of the agency making such finding shall maintain a copy of the finding for not less than 6 years after the date of the determination or decision.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d–6a — Authority for use of certain procedures regarding qualified countermeasure research and development activities

**(a) In general** (1) **Authority** — In conducting and supporting research and development activities regarding countermeasures under [section 247d–6(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6/e&num=0&edition=prelim), the Secretary may conduct and support such activities in accordance with this section and, in consultation with the Director of the National Institutes of Health, as part of the program under [section 285f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section285f&num=0&edition=prelim), if the activities concern qualified countermeasures. (2) **Definitions** — In this section: (A) *Qualified countermeasure* — The term “qualified countermeasure” means a drug (as that term is defined by [section 321(g)(1) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321/g/1&num=0&edition=prelim)), biological product (as that term is defined by [section 262(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262/i&num=0&edition=prelim)), or device (as that term is defined by [section 321(h) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321/h&num=0&edition=prelim)), that the Secretary determines to be a priority (consistent with sections 182(2) and 184(a) of title 6)— (i) to diagnose, mitigate, prevent, or treat harm from any biological agent (including organisms that cause an infectious disease) or toxin, chemical, radiological, or nuclear agent that may cause a public health emergency affecting national security; (ii) to diagnose, mitigate, prevent, or treat harm from a condition that may result in adverse health consequences or death and

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3553 — Review of protests; effect on contracts

Page 293 TITLE 31—MONEY AND FINANCE § 3553 ated under Office of Management and Budget Circular A–76 on or after Jan. 1, 2004; and to any other protests and civil actions that relate to public-private competi- tions initiated under Office of Management and Budget Circular A–76, or a decision to convert a function per- formed by Federal employees to private sector perform- ance without a competition under Office of Manage- ment and Budget Circular A–76, on or after Dec. 26, 2007, see section 739(c)(3) of Pub. L. 110–161, set out as a note under section 501 of this title. Amendment by Pub. L. 110–161 applicable with re- spect to fiscal year 2008 and each succeeding fiscal year, see section 739(e) of Pub. L. 110–161, set out as a note under section 501 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title III, § 326(d), Oct. 28, 2004, 118 Stat. 1848, provided that: ‘‘The amendments made by this section [amending this section and sections 3552 and 3553 of this title] shall apply to protests filed under subchapter V of chapter 35 of title 31, United States Code, 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 the date of the enactment of this Act [Oct. 28, 2004].’’ EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of Title 10, Armed Forces. 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 8752 of Title 10, Armed Forces. EFFECTIVE DATE Section applicable with respect to any protest filed

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