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41 U.S.C. § 3708 — Protests

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

41 U.S.C. § 3708 — 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 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](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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554&num=0&edition=prelim); and (2) 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 section 3554(c).

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Source file: Laws/federal/codes/united-states-code/title-41/section-3708-protests--ae8db3cd69.md
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Source location: Title 41, Chapter 37, § 3708; chapter-037-chapter-37.md

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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

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. § 3708 — Protests

Page 111 TITLE 41—PUBLIC CONTRACTS § 3708 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 3704(c) ........ 41:253b(e)(2). 3704(d) ........ 41:253b(e)(3). 3704(e) ........ 41:253b(e)(4). 3704(f) ........ 41:253b(e)(5). 3704(g) ........ 41:253b(g) (related to 41:253b(e)). June 30, 1949, ch. 288, title III, § 303B(g) (related to § 303B(e)), as added Pub. L. 104–106, title XLI, § 4104(b)(3), Feb. 10, 1996, 110 Stat. 645. Editorial Notes AMENDMENTS 2018—Subsec. (c)(5). Pub. L. 115–232 substituted ‘‘com- mercial product’’ for ‘‘commercial item’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 3705. Pre-award debriefings (a) REQUEST FOR DEBRIEFING.—When the con- tracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes that offeror from further consideration prior to the final source selection decision), the excluded offeror may re- quest in writing, within 3 days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award. (b) WHEN DEBRIEFING TO BE CONDUCTED.—The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as prac- ticable but may refuse the request for a debrief- ing if it is not in the best interests of the Fed- eral Government to conduct a debriefing at that time. (c) PRECONDITION FOR POST-AWARD DEBRIEF- ING.—The contracting officer is required to de- brief an e

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