(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.
(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 interested party. At the request of a majority of the employees of the Federal agency who are engaged in the performance of the activity or function 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 official under paragraph (1) whether or not to file a protest is not subject to administrative or judicial review. An agency tender official shall provide written notification to Congress whenever the official makes a determination under paragraph (1) that there is no reasonable basis for a protest.
2004—Pub. L. 108–375designated existing provisions as subsec. (a) and added subsec. (b).
1996—Pub. L. 104–106struck 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 respect to that procurement under this subchapter.”
Amendment by Pub. L. 108–375applicable to protests filed under this subchapter 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 Oct. 28, 2004, see section 326(d) ofPub. L. 108–375, set out as a note under section
3551 of this title.
Section applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) ofPub. L. 98–369, set out as a note under section
2302 of Title
10, Armed Forces.
Construction of 2004 Amendment
Amendment by Pub. L. 108–375not to be construed to authorize the use of a protest under this subchapter with regard to a decision made by an agency tender official, see section 326(e) ofPub. L. 108–375, set out as a note under section
3551 of this title.
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The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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