31 U.S. Code § 1558 - Availability of funds following resolution of a formal protest or other challenge

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(a) Notwithstanding section 1552 of this title or any other provision of law, funds available to an agency for obligation for a contract at the time a protest or other action referred to in subsection (b) is filed in connection with a solicitation for, proposed award of, or award of such contract shall remain available for obligation for 100 days after the date on which the final ruling is made on the protest or other action. A ruling is considered final on the date on which the time allowed for filing an appeal or request for reconsideration has expired, or the date on which a decision is rendered on such an appeal or request, whichever is later.
(b) Subsection (a) applies with respect to—
(1) any protest filed under subchapter V of chapter 35 of this title; or
(2) an action commenced under administrative procedures or for a judicial remedy if—
(A) the action involves a challenge to—
(i) a solicitation for a contract;
(ii) a proposed award of a contract;
(iii) an award of a contract; or
(iv) the eligibility of an offeror or potential offeror for a contract or of the contractor awarded the contract; and
(B) commencement of the action delays or prevents an executive agency from making an award of a contract or proceeding with a procurement.


(Added Pub. L. 101–189, div. A, title VIII, § 813(a),Nov. 29, 1989, 103 Stat. 1494; amended Pub. L. 104–106, div. E, title LV, § 5502(a), (b),Feb. 10, 1996, 110 Stat. 698, 699.)

1996—Pub. L. 104–106, § 5502(b), substituted “of a formal protest or other challenge” for “of a protest” in section catchline.
Subsec. (a). Pub. L. 104–106, § 5502(a)(1), inserted “or other action referred to in subsection (b)” after “time a protest”, substituted “100 days” for “90 working days”, and inserted “or other action” after “on the protest”.
Subsec. (b). Pub. L. 104–106, § 5502(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “Subsection (a) applies with respect to any protest filed under subchapter V of chapter 35 of this title or under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)).”
Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106effective 180 days after Feb. 10, 1996, see section 5701 ofPub. L. 104–106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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31 USCDescription of ChangeSession YearPublic LawStatutes at Large


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