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31 U.S.C. § 3556 — Nonexclusivity of remedies; matters included in agency record

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

31 U.S.C. § 3556 — Nonexclusivity of remedies; matters included in agency record

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3556

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Source file: Laws/federal/codes/united-states-code/title-31/section-3556-nonexclusivity-of-remedies-matters-included-in-agency-record--b65b6ada82.md
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Source location: Title 31, Chapter 35, § 3556; chapter-035-accounting-and-collection.md

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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.

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

28 U.S.C. § 1491 — Claims against United States generally; actions involving Tennessee Valley Authority

**(a)** (1) The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States. (2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under [section 7104(b)(1) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7104/b/1&num=0&edition=prelim), including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1491

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4751

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

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 171

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

10 U.S.C. § 3406 — Task and delivery order contracts: orders

**(a) Applicability.—** This section applies to task and delivery order contracts entered into under sections 3403 and 3405 of this title. **(b) Issuance of Orders.—** The following actions are not required for issuance of a task or delivery order under a task or delivery order contract: (1) A separate notice for such order under [section 1708 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) or section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)). (2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with [section 3204(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/e&num=0&edition=prelim)) that is separate from that used for entering into the contract. **(c) Multiple Award Contracts.—** When multiple task or delivery order contracts are awarded under section 3403(d)(1)(B) or 3405(f) of this title, all contractors awarded such contracts shall be provided a fair opportunity to be considered, pursuant to procedures set forth in the contracts, for each task or delivery order in excess of $2,500 that is to be issued under any of the contracts unless— (1) the agency’s need for the services or property ordered is of such unusual urgency that providing such opportunity to all such contractors would result in unacceptable delays in fulfilling that need; (2) only one such contractor is capable of providing the services or property required at the level of quality required because the services or property ordered are unique or highly specialized; (3) the task or delivery order should be issued on

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3406

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

2 U.S.C. § 186 — Library of Congress orders under task and delivery order contracts

**(a) Contract modifications** An order issued under a task order contract or a delivery order contract (as such terms are defined in [section 4101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4101&num=0&edition=prelim)) entered into by the Librarian of Congress may not increase the scope, period, or maximum value of the contract under which the order is issued. The scope, period, or maximum value of the contract may be increased only by modification of the contract. **(b) Omitted** **(c) Protests** (1) **Protest not authorized** — A protest to an order described in subsection (a) filed pursuant to the procedures in subchapter V of chapter 35 of title 31 is not authorized unless such protest— (A) is an objection on the basis that the order is in violation of subsection (a); or (B) concerns an order valued in excess of $10,000,000. (2) **Jurisdiction over protests** — Notwithstanding [section 3556 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3556&num=0&edition=prelim), the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B). **(d) Effective date** This section and the amendment made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year.

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 186

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

41 U.S.C. § 4106 — Orders

**(a) Application.—** This section applies to task and delivery order contracts entered into under sections 4103 and 4105 of this title. **(b) Actions Not Required for Issuance of Orders.—** The following actions are not required for issuance of a task or delivery order under a task or delivery order contract: (1) A separate notice for the order under [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) or section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)). (2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim)) that is separate from that used for entering into the contract. **(c) Multiple Award Contracts.—** When multiple contracts are awarded under section 4103(d)(1)(B) or 4105(f) of this title, all contractors awarded the contracts shall be provided a fair opportunity to be considered, pursuant to procedures set forth in the contracts, for each task or delivery order in excess of the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim) that is to be issued under any of the contracts, unless— (1) the executive agency’s need for the services or property ordered is of such unusual urgency that providing the opportunity to all of those contractors would result in unacceptable delays in fulfilling that need; (2) only one of those contractors is capable of providing the services o

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4106

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6a

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

5 U.S.C. § 571 — Definitions

For the purposes of this subchapter, the term— (1) “agency” has the same meaning as in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter; (3) “alternative means of dispute resolution” means any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and use of ombuds, or any combination thereof; (4) “award” means any decision by an arbitrator resolving the issues in controversy; (5) “dispute resolution communication” means any oral or written communication prepared for the purposes of a dispute resolution proceeding, including any memoranda, notes or work product of the neutral, parties or nonparty participant; except that a written agreement to enter into a dispute resolution proceeding, or final written agreement or arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution communication; (6) “dispute resolution proceeding” means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate; (7) “in confidence” means, with respect to information, that the information is provided— (A) with the expressed intent of the source that it not be disclosed; or (B) under circumstances that would create the reasonable expectat

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 571

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

31 U.S.C. § 3556 — Nonexclusivity of remedies; matters in-

Page 298 TITLE 31—MONEY AND FINANCE § 3556 peditious decision of protests under this sub- chapter, including procedures for accelerated resolution of protests under the express option authorized by section 3554(a)(2) of this title. 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 sub- chapter— (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 de- fault 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 Fed- eral agency, such last day is a day on which weather or other conditions cause the clos- ing 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 DISSEMI- NATION SYSTEM.— (1) ESTABLISHMENT AND OPERATION OF SYS- TEM.—The Comptroller General shall establish and operate an electronic filing and document dissemination system under which, in accord- ance with procedures prescribed by the Comp- troller General— (A) a person filing a protest under this sub- chapter may file the protest through elec- tronic means; and (B) all documents and information re- quired with respect to the protest may be disseminated and made available to the par- ties to the protest through electronic means. (2) IMPOSITION OF FEES.— (A) IN GENERAL.—The Comptroller General may require each person who files a protest und

Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 3556

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