31 U.S.C. § 3555 — Regulations; authority of Comptroller

Page 297 TITLE 31—MONEY AND FINANCE § 3555 Stat. 2255; Pub. L. 112–239, div. A, title VIII, § 867, Jan. 2, 2013, 126 Stat. 1862.) Editorial Notes REFERENCES IN TEXT Section 3(a) of the Small Business Act, referred to in subsec. (c)(2), is classified to section 632(a) of Title 15, Commerce and Trade. AMENDMENTS 2013—Subsec. (e)(2). Pub. L. 112–239 inserted at end ‘‘The report shall also include a summary of the most prevalent grounds for sustaining protests during such preceding year.’’ 2009—Subsec. (b)(1)(C) to (H). Pub. L. 111–84 added subpar. (C), redesignated former subpars. (C) to (G) as (D) to (H), respectively, and substituted ‘‘, (E), and (F)’’ for ‘‘, and (E)’’ in subpar. (G). 1996—Subsec. (a)(1). Pub. L. 104–106, § 5501(2)(A), sub- stituted ‘‘100 days’’ for ‘‘125 days’’. Subsec. (b)(2). Pub. L. 104–106, § 4321(d)(3), substituted ‘‘section 3553(d)(3)(C)(i)(I)’’ for ‘‘section 3553(d)(2)(A)(i)’’. Subsec. (e)(1). Pub. L. 104–106, § 5501(2)(B)(i), sub- stituted ‘‘Government Reform and Oversight’’ for ‘‘Government Operations’’. Subsec. (e)(2). Pub. L. 104–106, § 5501(2)(B)(ii), sub- stituted ‘‘100 days’’ for ‘‘125 days’’. 1994—Subsec. (a)(1). Pub. L. 103–355, § 1403(a)(1), sub- stituted ‘‘125 days after’’ for ‘‘90 working days from’’. Subsec. (a)(2). Pub. L. 103–355, § 1403(a)(2), substituted ‘‘65 days after’’ for ‘‘45 calendar days from’’. Subsec. (a)(3), (4). Pub. L. 103–355, § 1403(a)(3), (4), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(3). Pub. L. 103–355, § 1403(b)(1), added par. (3). Subsec. (c). Pub. L. 103–355, § 1403(b)(2), amended sub- sec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘(c)(1) If the Comptroller General determines that a solicitation for a contract or a proposed award or the award of a contract does not comply with a statute or regulation, the Comptroller General may declare an ap- propriate interested party to be entitled to the costs of— ‘‘(A) filing and pursuing the protest, including rea- sonable attorneys’ fees; and ‘‘(B) bid and proposal preparation. ‘‘(2) Monetary awards to which a party is declared to be entitled under paragraph (1) of this subsection shall be paid promptly by the Federal agency concerned out of funds available to or for the use of the Federal agen- cy for the procurement of property and services.’’ Subsec. (e). Pub. L. 103–355, § 1403(b)(3), amended sub- sec. (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘(e)(1) The head of the procuring activity responsible for the solicitation, proposed award, or award of the contract shall report to the Comptroller General, if the Federal agency has not fully implemented those rec- ommendations within 60 days of receipt of the Comp- troller General’s recommendations under subsection (b) of this section. ‘‘(2) Not later than January 31 of each year, the Comptroller General shall transmit to Congress a re- port describing each instance in which a Federal agen- cy did not fully implement the Comptroller General’s recommendations during the preceding fiscal year.’’ 1988—Subsec. (a)(1). Pub. L. 100–463 struck out ‘‘unless the Comptroller General determines and states in writ- ing the reasons that the specific circumstances of the protest require a longer period’’ after ‘‘submitted to the Comptroller General’’ before period at end. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–84 applicable to any pro- test or civil action that relates to a public-private com- petition conducted after Oct. 28, 2009, under Office of Management and Budget Circular A–76, or any suc- cessor circular, and to a decision made after Oct. 28, 2009, to convert a function performed by Federal em- ployees to private sector performance without a com- petition under Office of Management and Budget Cir- cular A–76, see section 327(d) of Pub. L. 111–84, set out as a note under section 3551 of this title. EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by section 4321(d)(3) of 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. Amendment by section 5501(2) of Pub. L. 104–106 effec- tive 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. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT ACCOUNTABILITY OFFICE REPORTS TO CONGRESS Pub. L. 114–328, div. A, title VIII, § 889, Dec. 23, 2016, 130 Stat. 2323, provided that: ‘‘The Comptroller General of the United States shall include in the annual report to Congress on the Government Accountability Office each year a list of the most common grounds for sus- taining protests relating to bids for contracts during such year.’’ PROMPT PAYMENT OF COSTS UNDER PRIOR LAW Pub. L. 103–355, title I, § 1403(b)(4), Oct. 13, 1994, 108 Stat. 3290, provided that: ‘‘Costs to which the Comp- troller General declared an interested party to be enti- tled under section 3554 of title 31, United States Code, as in effect immediately before the enactment of this Act [Oct. 13, 1994], shall, if not paid or otherwise satis- fied by the Federal agency concerned before the date of the enactment of this Act, be paid promptly.’’ § 3555. Regulations; authority of Comptroller General to verify assertions (a) The Comptroller General shall prescribe such procedures as may be necessary to the ex- 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 under this subchapter to pay a fee to support the establishment and operation of the elec- tronic system under this subsection, without regard to whether or not the person uses the system with respect to the protest. (B) AMOUNT.—The Comptroller General shall establish (and from time to time shall update) a schedule setting forth the amount of the fee to be paid under subparagraph (A). (3) TREATMENT OF AMOUNTS COLLECTED.— (A) ESTABLISHMENT OF ACCOUNT.—The Comptroller General shall maintain a sepa- rate account among the accounts of the Gov- ernment Accountability Office for the elec- tronic system under this subsection, and shall deposit all amounts received as fees under paragraph (2) into the account. (B) USE OF AMOUNTS.—Amounts in the ac- count maintained under this paragraph shall be available to the Comptroller General, without fiscal year limitation, solely to es- tablish and operate the electronic system under this subsection. (d) The Comptroller General may use any au- thority available under chapter 7 of this title and this chapter to verify assertions made by parties in protests under this subchapter. (Added Pub. L. 98–369, div. B, title VII, § 2741(a), July 18, 1984, 98 Stat. 1202; amended Pub. L. 103–355, title I, § 1404, Oct. 13, 1994, 108 Stat. 3291; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–76, div. I, title I, § 1501, Jan. 17, 2014, 128 Stat. 433.) Editorial Notes AMENDMENTS 2014—Subsec. (c). Pub. L. 113–76 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘The Comptroller General may prescribe proce- dures for the electronic filing and dissemination of doc- uments and information required under this sub- chapter. In prescribing such procedures, the Comp- troller General shall consider the ability of all parties to achieve electronic access to such documents and records.’’ 2004—Subsec. (b)(2)(B). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’ in two places. 1994—Subsec. (a). Pub. L. 103–355, § 1404(c), substituted ‘‘The Comptroller General’’ for ‘‘Not later than Janu- ary 15, 1985, the Comptroller General’’. Subsecs. (b) to (d). Pub. L. 103–355, § 1404(a), (b), added subsecs. (b) and (c) and redesignated former subsec. (b) as (d). Statutory Notes and Related Subsidiaries 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. § 3556. Nonexclusivity of remedies; matters in- cluded 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 pro- posed procurement with respect to which a pro- test has been filed under this subchapter, the re- ports required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such pro- curement or proposed procurement and any de- cision 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. (Added Pub. L. 98–369, div. B, title VII, § 2741(a), July 18, 1984, 98 Stat. 1202; amended Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–320, § 12(f), Oct. 19, 1996, 110 Stat. 3876.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–320, which directed the amendment of this section by striking ‘‘a court of the United