31 U.S.C. § 3551 — Definitions

Page 291 TITLE 31—MONEY AND FINANCE § 3551 which the district is located or the Supreme Court justice allotted to that circuit by giving the judge or justice a copy of the proceeding held before the district judge. The judge or jus- tice may grant an injunction or allow an appeal if the judge or justice finds the case requires it. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 968.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3543(a) ..... 31:517. R.S. § 3635. 3543(b) ..... 31:518. R.S. § 3636. 3543(c) ..... 31:519. R.S. § 3637. In subsection (a), the words ‘‘With the approval of’’ and ‘‘the institution of’’ are omitted as surplus. In subsections (b) and (c), the words ‘‘person ad- versely affected’’ are substituted for ‘‘person who con- siders himself aggrieved’’ for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), the words ‘‘bring a civil action . . . court’’ are substituted for ‘‘prefer a bill of com- plaint . . . judge’’ for consistency in the revised title and with other titles of the Code. The words ‘‘of which he complains’’ are omitted as surplus. The words ‘‘any part of a distress warrant proceeding’’ are substituted for ‘‘proceedings on such warrant altogether, or for so much thereof as the nature of’’ to eliminate unneces- sary words. The words ‘‘with sufficient security’’ and ‘‘as may be awarded against him’’ are omitted as sur- plus. In subsection (b)(2), the words ‘‘in any manner’’ are omitted as surplus. The words ‘‘under section 3542(b)(1) of this title’’ are substituted for ‘‘produced by the issuing of the warrant’’ for clarity. The last sentence is substituted for 31:518(2d sentence words before semi- colon) to eliminate unnecessary words. In subsection (b)(3), the words ‘‘on a finding’’ are sub- stituted for ‘‘it appears to the satisfaction of the judge’’ for clarity and consistency and to eliminate un- necessary words. The words ‘‘civil action’’ are sub- stituted for ‘‘application’’ for consistency. The words ‘‘increase the interest rate imposed . . . to’’ are sub- stituted for ‘‘add to the lawful interest assessed . . . such damages as, with such lawful interest, shall’’ to eliminate unnecessary words. The words ‘‘all’’ and ‘‘dis- trict’’ are omitted as surplus. In subsection (c), the text of R.S. § 3637(last sentence) is omitted as obsolete because of section 289 of the Act of March 3, 1911 (ch. 231, 36 Stat. 1167). The words ‘‘When the district judge’’, ‘‘to stay proceedings on a distress warrant’’, ‘‘after it is granted’’, and ‘‘by the de- cision in the premises’’, are omitted as surplus. The words ‘‘may petition . . . by giving the judge or jus- tice’’ are substituted for ‘‘may lay before’’ for clarity. The words ‘‘judge of a circuit court of appeals’’ are sub- stituted for ‘‘circuit judge of the circuit’’ for consist- ency with 28:43. The words ‘‘Supreme Court justice al- lotted to that district’’ are substituted for ‘‘circuit jus- tice’’ for clarity and consistency with 28:42. The words ‘‘and thereupon’’, ‘‘as the case may be’’, and ‘‘the eq- uity of’’ are omitted as surplus. § 3544. Rights and remedies of the United States Government reserved This subchapter does not affect a right or rem- edy the United States Government has by law to recover a tax, debt, or demand. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 969.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3544 ......... 31:520. R.S. § 3638. The words ‘‘relating to distress warrants’’ and ‘‘take away or’’ are omitted as surplus. § 3545. Civil action to recover money The Attorney General shall bring a civil ac- tion to recover an amount due to the United States Government on settlement of the ac- count of a person accountable for public money when the person neglects or refuses to pay the amount to the Treasury. Any commission of that person and interest of 6 percent a year from the time the money is received by the person until repaid to the Treasury shall be added to the amount due on the account. The commission is forfeited when judgment is obtained. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 969.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3545 ......... 31:505. R.S. § 3624. The functions of the First Comptroller of the Treas- ury, referred to in Revised Statutes section 3624, were as a matter of law vested in the Solicitor of the Treas- ury by Revised Statutes sections 377 and 379 (based on the Act of May 28, 1830, ch. 153, 45 Stat. 414). This func- tion is now vested in the Attorney General. See 28:507 as enacted in 1948 and revision notes thereto and exist- ing 28:519, 547, and 509. The words ‘‘bring a civil action’’ are substituted for ‘‘institute suit’’ for consistency in the revised title and with other titles of the United States Code. The word ‘‘amount’’ is substituted for ‘‘sum or balance’’ to eliminate unnecessary words. The words ‘‘reported to be’’ are omitted as surplus. The word ‘‘settlement’’ is substituted for ‘‘adjustment’’ for consistency. The words ‘‘by the person’’ are added for clarity. The words ‘‘stated to be’’, ‘‘in every instance where suit is commenced and . . . thereon’’, and ‘‘it shall be’’ are omitted as surplus. SUBCHAPTER V—PROCUREMENT PROTEST SYSTEM § 3551. Definitions In this subchapter: (1) The term ‘‘protest’’ means a written ob- jection 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 ob- jection contains an allegation that the ter- mination 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 solicita- tion or other request for offers described in paragraph (1), means an actual or prospec- tive bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the con- tract; and Page 292 TITLE 31—MONEY AND FINANCE § 3551 (B) with respect to a public-private com- petition conducted under Office of Manage- ment and Budget Circular A–76 with respect to the performance of an activity or func- tion of a Federal agency, or a decision to convert a function performed by Federal em- ployees to private sector performance with- out a competition under Office of Manage- ment and Budget Circular A–76, includes— (i) any official who is responsible for sub- mitting the agency tender in such com- petition; and (ii) any one individual who, for the pur- pose 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 des- ignated as the agent of the Federal em- ployees by a majority of such employees. (3) The term ‘‘Federal agency’’ has the meaning given such term by section 102 of title 40. (Added Pub. L. 98–369, div. B, title VII, § 2741(a), July 18, 1984, 98 Stat. 1199; amended Pub. L. 99–145, title XIII, § 1304(d), Nov. 8, 1985, 99 Stat. 742; Pub. L. 103–272, § 4(f)(1)(K), July 5, 1994, 108 Stat. 1362; Pub. L. 103–355, title I, § 1401, Oct. 13, 1994, 108 Stat. 3287; Pub. L. 104–106, div. D, title XLIII, § 4321(d)(1), Feb. 10, 1996, 110 Stat. 674; Pub. L. 107–217, § 3(h)(6), Aug. 21, 2002, 116 Stat. 1300; Pub. L. 108–375, div. A, title III, § 326(a), Oct. 28, 2004, 118 Stat. 1848; Pub. L. 110–161, div. D, title VII, § 739(c)(1)(A), Dec. 26, 2007, 121 Stat. 2030; Pub. L. 110–181, div. A, title III, § 326(a), Jan. 28, 2008, 122 Stat. 62; Pub. L. 111–84, div. A, title III, § 327(a), (b), Oct. 28, 2009, 123 Stat. 2255.) Editorial Notes AMENDMENTS 2009—Par. (1)(E). Pub. L. 111–84, § 327(a), added subpar. (E). Par. (2)(B)(i). Pub. L. 111–84, § 327(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: ‘‘any official who submitted the agency tender in such competition; and’’. 2008—Par. (2). Pub. L. 110–181 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘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 regarding 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 OMB Circular A–76, includes— ‘‘(i) any official who submitted the agency tender in such competition; and ‘‘(ii) any one person who, for the purpose of rep- resenting them in a protest under this subchapter that relates to such competition, has been des- ignated as their agent by a majority of the employ- ees of such Federal agency who are engaged in the performance of such activity or function.’’ 2007—Par. (2). Pub. L. 110–161 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘(2)(A) The term ‘interested party’, with respect to a contract or a solicitation or other request for offers de- scribed 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. ‘‘(B) The term includes the official responsible for submitting the Federal agency tender in a public-pri- vate competition conducted under Office of Manage- ment and Budget Circular A–76 regarding an activity or function of a Federal agency performed by more than 65 full-time equivalent employees of the Federal agency.’’ 2004—Par. (2). Pub. L. 108–375 designated existing pro- visions as subpar. (A) and added subpar. (B). 2002—Par. (3). Pub. L. 107–217 substituted ‘‘section 102 of title 40’’ for ‘‘section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)’’. 1996—Pub. L. 104–106, § 4321(d)(1)(A), substituted ‘‘sub- chapter:’’ for ‘‘subchapter—’’ in introductory provi- sions. Par. (2). Pub. L. 104–106, § 4321(d)(1)(B), substituted ‘‘or a solicitation or other request for offers’’ for ‘‘or pro- posed contract’’. 1994—Par. (1). Pub. L. 103–355, § 1401(a), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘ ‘protest’ means a written objection by an inter- ested party to a solicitation by a Federal agency for bids or proposals for a proposed contract for the pro- curement of property or services or a written objection by an interested party to a proposed award or the award of such a contract;’’. Pub. L. 103–272 substituted ‘‘a Federal’’ for ‘‘an Fed- eral’’. Par. (2). Pub. L. 103–355, § 1401(b)(1), inserted ‘‘The term’’ after ‘‘(2)’’ and substituted a period for ‘‘; and’’ at end. Par. (3). Pub. L. 103–355, § 1401(b)(2), inserted ‘‘The term’’ after ‘‘(3)’’. 1985—Par. (1). Pub. L. 99–145 substituted ‘‘Federal agency’’ for ‘‘executive agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title III, § 327(d), Oct. 28, 2009, 123 Stat. 2255, provided that: ‘‘The amendments made by this section [amending this section and section 3554 of this title] shall apply— ‘‘(1) to any protest or civil action that relates to a public-private competition conducted after the date of the enactment of this Act [Oct. 28, 2009] under Of- fice of Management and Budget Circular A–76, or any successor circular; and ‘‘(2) to a decision made after the date of the enact- ment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76.’’ EFFECTIVE DATE OF 2008 AMENDMENT Par. (2)(B) of this section, as added by Pub. L. 110–181, applicable to a protest or civil action that challenges final selection of the source of performance of an activ- ity or function of a Federal agency made pursuant to a study under OMB Circular A–76 on or after Jan. 1, 2004, and to any other protest or civil action that re- lates to a public-private competition under Circular A–76 or to a decision to convert a function performed by Federal employees to private sector performance without a competition under Circular A–76, on or after Jan. 28, 2008, see section 326(d) of Pub. L. 110–181, set out as a note under section 1491 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 2007 AMENDMENT Paragraph (2)(B) of this section applicable to protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initi- 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 after Jan. 14, 1985, see section 2751(b) of Pub. L. 98–369, set out as a note under section 2302 of Title 10, Armed Forces. CONSTRUCTION OF 2004 AMENDMENT Pub. L. 108–375, div. A, title III, § 326(e), Oct. 28, 2004, 118 Stat. 1849, provided that: ‘‘The amendments made by this section [amending this section and sections 3552 and 3553 of this title] shall not be construed to author- ize the use of a protest under subchapter V of chapter 35 of title 31, United States Code, with regard to a deci- sion made by an agency tender official.’’ § 3552. Protests by interested parties concerning procurement actions (a) A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter. (b)(1) In the case of an agency tender official who is an interested party under section 3551(2)(B) of this title, the official may file a protest in connection with the public-private competition for which the official is an inter- ested party. At the request of a majority of the employees of the Federal agency who are en- gaged in the performance of the activity or func- tion subject to such public-private competition, the official shall file a protest in connection with such public-private competition unless the official determines that there is no reasonable basis for the protest. (2) The determination of an agency tender offi- cial under paragraph (1) whether or not to file a protest is not subject to administrative or judi- cial review. An agency tender official shall pro- vide written notification to Congress whenever the official makes a determination under para- graph (1) that there is no reasonable basis for a protest. (Added Pub. L. 98–369, div. B, title VII, § 2741(a), July 18, 1984, 98 Stat. 1199; amended Pub. L. 103–272, § 4(f)(1)(L), July 5, 1994, 108 Stat. 1362; Pub. L. 103–355, title X, § 10005(d), Oct. 13, 1994, 108 Stat. 3408; Pub. L. 104–106, div. E, title LVI, § 5603, Feb. 10, 1996, 110 Stat. 700; Pub. L. 108–375, div. A, title III, § 326(b), Oct. 28, 2004, 118 Stat. 1848.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–375 designated existing provisions as subsec. (a) and added subsec. (b). 1996—Pub. L. 104–106 struck out at end ‘‘An interested party who has filed a protest under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)) with respect to a procurement or proposed procurement may not file a protest with re- spect to that procurement under this subchapter.’’ 1994—Pub. L. 103–272 and Pub. L. 103–355 amended sec- tion identically, substituting ‘‘section 111(f)’’ for ‘‘sec- tion 111(h)’’ and ‘‘759(f)’’ for ‘‘759(h)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–375 applicable to protests filed under this subchapter that relate to studies initi- ated under Office of Management and Budget Circular A–76 on or after the end of the 90-day period beginning on Oct. 28, 2004, see section 326(d) of Pub. L. 108–375, set out as a note under section 3551 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702. 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 after Jan. 14, 1985, see section 2751(b) of Pub. L. 98–369, set out as a note under section 4751 of Title 10, Armed Forces. CONSTRUCTION OF 2004 AMENDMENT Amendment by Pub. L. 108–375 not to be construed to authorize the use of a protest under this subchapter with regard to a decision made by an agency tender of- ficial, see section 326(e) of Pub. L. 108–375, set out as a note under section 3551 of this title. § 3553. Review of protests; effect on contracts pending decision (a) Under procedures prescribed under section 3555 of this title, 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 pro- test, 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