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10 U.S.C. § 3308 — Protests

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

10 U.S.C. § 3308 — Protests

**(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 agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31 and an actual or prospective offeror so 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) 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 agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the agency— (1) may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of [section 3554 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554&num=0&edition=prelim); and (2) may pay costs described in paragraph (1) of [section 3554(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/c&num=0&edition=prelim) within the limits referred to in paragraph (2) of such section.

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Source file: Laws/federal/codes/united-states-code/title-10/section-3308-protests--77bcdd5bcf.md
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Source location: Title 10, Chapter 241, § 3308; chapter-241-awarding-of-contracts.md

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

10 U.S.C. § 629 — Removal from a list of officers recommended for promotion

**(a) Removal by President.—** The President may remove the name of any officer from a list of officers recommended for promotion by a selection board convened under this chapter. The President shall notify the congressional defense committees not later than 30 days after removing the name of an officer from such list for any reason other than misconduct. **(b) Removal Due to Senate Not Giving Advice and Consent.—** If, after consideration of a list of officers approved for promotion by the President to a grade for which appointment is required by [section 624(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/c&num=0&edition=prelim) to be made by and with the advice and consent of the Senate, the Senate does not give its advice and consent to the appointment of an officer whose name is on the list, that officer’s name shall be removed from the list. **(c) Removal After 18 Months.—** (1) If an officer whose name is on a list of officers approved for promotion under [section 624(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a&num=0&edition=prelim) to a grade for which appointment is required by [section 624(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/c&num=0&edition=prelim) to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment. (2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period

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

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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

10 U.S.C. § 2305 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]

### Statutory Notes Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 130; Pub. L. 85–861, § 1(44), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 90–268, § 3, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98–369, div. B, title VII, § 2723(b), July 18, 1984, 98 Stat. 1191; Pub. L. 98–525, title XII, § 1213(a), Oct. 19, 1984, 98 Stat. 2591; Pub. L. 99–145, title XIII, § 1303(a)(14), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–500, § 101(c) [title X, § 924(a), (b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 924(a), (b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title III, § 313(b), title IX, formerly title IV, § 924(a), (b), Nov. 14, 1986, 100 Stat. 3853, 3932, 3933, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 806, Sept. 29, 1988, 102 Stat. 2010; Pub. L. 101–189, div. A, title VIII, § 853(f), Nov. 29, 1989, 103 Stat. 1519; Pub. L. 101–510, div. A, title VIII, § 802(a)–(d), Nov. 5, 1990, 104 Stat. 1588, 1589; Pub. L. 103–160, div. A, title XI, § 1182(a)(5), Nov. 30, 1993, 107 Stat. 1771; Pub. L. 103–355, title I, §§ 1011–1016, title IV, § 4401(b), Oct. 13, 1994, 108 Stat. 3254–3257, 3347; Pub. L. 104–106, div. D, title XLI, §§ 4103(a), 4104(a), title XLII, § 4202(a)(2), div. E, title LVI, § 5601(a), Feb. 10, 1996, 110 Stat. 643, 644, 653, 699; Pub. L. 104–201, div. A, title VIII, § 821(a), title X, § 1074(a)(11), (b)(4)(A), Sept. 23, 1996, 110 Stat. 2609, 2659, 2660; Pub. L. 106–65, div. A, title VIII, § 821, Oct. 5, 1999, 113 Stat. 714; Pub. L. 114–328, div. A, title VIII, § 825(a), Dec. 23, 2016, 130 Stat. 2279; Pub. L. 115–91, div. A, title VIII, § 818(b), Dec. 12, 2017, 131 Stat. 1463; Pub. L. 115–232, div. A, title VIII, § 836(c)(3), Aug. 13, 2018, 132 St

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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

31 U.S.C. § 3554 — Decisions on protests

**(a)** (1) To the maximum extent practicable, the Comptroller General shall provide for the inexpensive and expeditious resolution of protests under this subchapter. Except as provided under paragraph (2) of this subsection, the Comptroller General shall issue a final decision concerning a protest within 100 days after the date the protest is submitted to the Comptroller General. (2) The Comptroller General shall, by regulation prescribed pursuant to [section 3555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3555&num=0&edition=prelim), establish an express option for deciding those protests which the Comptroller General determines suitable for resolution within 65 days after the date the protest is submitted. (3) An amendment to a protest that adds a new ground of protest, if timely made, should be resolved, to the maximum extent practicable, within the time limit established under paragraph (1) of this subsection for final decision of the initial protest. If an amended protest cannot be resolved within such time limit, the Comptroller General may resolve the amended protest through the express option under paragraph (2) of this subsection. (4) The Comptroller General may dismiss a protest that the Comptroller General determines is frivolous or which, on its face, does not state a valid basis for protest. **(b)** (1) With respect to a solicitation for a contract, or a proposed award or the award of a contract, protested under this subchapter, the Comptroller General may determine whether the solicitation, proposed award, or award complies with statute and regulation. If the Comptroller General determines that the solicitation, proposed award, or award does not comply with a statute or regulation, the Comptroller Gener

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

41 U.S.C. § 1907 — List of laws inapplicable to procurements of commercially available off-the-shelf items

**(a) Inclusion in Federal Acquisition Regulation.—** (1) **In general.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercially available off-the-shelf items. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts for the procurement of commercially available off-the-shelf items. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercially available off-the-shelf items. (2) **Laws to be included.—** — A provision of law described in subsection (b) shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Administrator makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercially available off-the-shelf items from the applicability of the provision. (3) **Other authorities or responsibilities not affected.—** — This section does not modify, supersede, impair, or restrict authorities or responsibilities under— (A) section 15 of the Small Business Act ([15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)); or (B) bid protest procedures developed under the authority of— (i) subchapter V of chapter 35 of title 31; (ii) [section 3308 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3308&num=0&edition=prelim); or (iii) sections 3706 and 3707 of this title. **(b) Covered Law.—** Except as provided in subsection (a)(3), a provision of law referred to in subsection (a)(1) is a provision of law that the Ad

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

10 U.S.C. § 3308 — Protests

Page 2466 TITLE 10—ARMED FORCES § 3306 Date of 2021 Amendment note preceding section 3001 of this title. § 3306. Encouragement of alternative dispute res- olution The Federal Acquisition Regulation shall in- clude a provision encouraging the use of alter- native dispute resolution techniques to provide informal, expeditious, and inexpensive proce- dures for an offeror to consider using before fil- ing a protest, prior to the award of a contract, of the exclusion of the offeror from the competi- tive range (or otherwise from further consider- ation) for that contract. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(c)(2)(F), (8), Jan. 1, 2021, 134 Stat. 4182, 4185.) Editorial Notes CODIFICATION The text of subsec. (b)(8) of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1816(c)(1), (2)(F), (8), was based on Pub. L. 104–106, div. D, title XLI, § 4104(a)(3), Feb. 10, 1996, 110 Stat. 644. PRIOR PROVISIONS A prior section 3306, act Aug. 10, 1956, ch. 1041, 70A Stat. 190, related to promotion of officers in regular grade of colonel to grade of brigadier general, prior to repeal by Pub. L. 96–513, title II, § 204, title VII, § 701, Dec. 12, 1980, 94 Stat. 2880, 2955, effective Sept. 15, 1981. See section 619 et seq. of this title. AMENDMENTS 2021—Pub. L. 116–283, § 1816(c)(8), transferred subsec. (b)(8) of section 2305 of this title to this section and struck out par. (8) designation at beginning. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment not

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