31 U.S. Code § 3552 - Protests by interested parties concerning procurement actions
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(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.
Source(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.)
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.”
1994—Pub. L. 103–272and Pub. L. 103–355amended section identically, substituting “section 111(f)” for “section 111(h)” and “759(f)” for “759(h)”.
Effective Date of 2004 Amendment
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.
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.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 ofPub. L. 103–355, set out as a note under section 2302 of Title 10, Armed Forces.
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