---
kind: "range"
citation: "31 U.S.C. §§ 3551–3555"
title: "31"
from: "3551"
to: "3555"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/31/3551..3555"
---

# §3551. Definitions


In this subchapter:

- (1) The term “protest” means a written objection by an [interested party](#2) to any of the following:
  - (A) A solicitation or other request by a [Federal agency](#3) 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 objection contains an allegation that the termination 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 solicitation or other request for offers described in [paragraph (1)](#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 with respect to the performance of an activity or function of a [Federal agency](#3), or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, includes—
    - (i) any official who is responsible for submitting the [agency](/usc/31/1352.md?p=g-2) tender in such competition; and
    - (ii) any one individual who, for the purpose 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](#1) under this subchapter that relates to such public-private competition, has been designated as the agent of the Federal employees by a majority of such employees.
- (3) The term “Federal agency” has the meaning given such term by [section 102 of title 40](/usc/40/102.md).

# §3552. Protests by interested parties concerning procurement actions

- (a) A [protest](/usc/31/3551.md?p=1) 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](/usc/31/1352.md?p=g-2) tender official who is an [interested party](/usc/31/3551.md?p=2) under [section 3551(2)(B) of this title](/usc/31/3551.md?p=2-B), the official may file a [protest](/usc/31/3551.md?p=1) in connection with the public-private competition for which the official is an [interested party](/usc/31/3551.md?p=2). At the request of a majority of the employees of the [Federal agency](/usc/31/3551.md?p=3) who are engaged in the performance of the activity or function subject to such public-private competition, the official shall file a [protest](/usc/31/3551.md?p=1) in connection with such public-private competition unless the official determines that there is no reasonable basis for the [protest](/usc/31/3551.md?p=1).
  - (2) The determination of an [agency](/usc/31/1352.md?p=g-2) tender official under [paragraph (1)](#b-1) whether or not to file a [protest](/usc/31/3551.md?p=1) is not subject to administrative or judicial review. An [agency](/usc/31/1352.md?p=g-2) tender official shall provide written notification to Congress whenever the official makes a determination under [paragraph (1)](#b-1) that there is no reasonable basis for a [protest](/usc/31/3551.md?p=1).

# §3553. Review of protests; effect on contracts pending decision

- (a) Under procedures prescribed under [section 3555 of this title](/usc/31/3555.md), the Comptroller General shall decide a [protest](/usc/31/3551.md?p=1) submitted to the Comptroller General by an [interested party](/usc/31/3551.md?p=2).
- (b)
  - (1) Within one day after the receipt of a [protest](/usc/31/3551.md?p=1), the Comptroller General shall notify the [Federal agency](/usc/31/3551.md?p=3) involved of the [protest](/usc/31/3551.md?p=1).
  - (2) Except as provided in paragraph (3) of this subsection, a [Federal agency](/usc/31/3551.md?p=3) receiving a notice of a protested procurement under paragraph (1) of this subsection shall submit to the Comptroller General a complete report (including all relevant documents) on the protested procurement—
    - (A) within 30 days after the date of the [agency](/usc/31/1352.md?p=g-2)’s receipt of that notice;
    - (B) if the Comptroller General, upon a showing by the [Federal agency](/usc/31/3551.md?p=3), determines (and states the reasons in writing) that the specific circumstances of the [protest](/usc/31/3551.md?p=1) require a longer period, within the longer period determined by the Comptroller General; or
    - (C) in a case determined by the Comptroller General to be suitable for the express option under [section 3554(a)(2) of this title](/usc/31/3554.md?p=a-2), within 20 days after the date of the [Federal agency](/usc/31/3551.md?p=3)’s receipt of that determination.
  - (3) A [Federal agency](/usc/31/3551.md?p=3) need not submit a report to the Comptroller General pursuant to paragraph (2) of this subsection if the [agency](/usc/31/1352.md?p=g-2) is sooner notified by the Comptroller General that the [protest](/usc/31/3551.md?p=1) concerned has been dismissed under [section 3554(a)(4) of this title](/usc/31/3554.md?p=a-4).
- (c)
  - (1) Except as provided in paragraph (2) of this subsection, a contract may not be awarded in any procurement after the [Federal agency](/usc/31/3551.md?p=3) has received notice of a [protest](/usc/31/3551.md?p=1) with respect to such procurement from the Comptroller General and while the [protest](/usc/31/3551.md?p=1) is pending.
  - (2) The head of the procuring activity responsible for award of a contract may authorize the award of the contract (notwithstanding a [protest](/usc/31/3551.md?p=1) of which the [Federal agency](/usc/31/3551.md?p=3) has notice under this section)—
    - (A) upon a written finding that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General under this subchapter; and
    - (B) after the Comptroller General is advised of that finding.
  - (3) A finding may not be made under paragraph (2)(A) of this subsection unless the award of the contract is otherwise likely to occur within 30 days after the making of such finding.
- (d)
  - (1) A contractor awarded a [Federal agency](/usc/31/3551.md?p=3) contract may, during the period described in [paragraph (4)](#d-4), begin performance of the contract and engage in any related activities that result in [obligations](/usc/31/3801.md?p=a-11) being incurred by the United States under the contract unless the contracting officer responsible for the award of the contract withholds authorization to proceed with performance of the contract.
  - (2) The contracting officer may withhold an authorization to proceed with performance of the contract during the period described in [paragraph (4)](#d-4) if the contracting officer determines in writing that—
    - (A) a [protest](/usc/31/3551.md?p=1) is likely to be filed; and
    - (B) the immediate performance of the contract is not in the best interests of the United States.
  - (3)
    - (A) If the [Federal agency](/usc/31/3551.md?p=3) awarding the contract receives notice of a [protest](/usc/31/3551.md?p=1) in accordance with this section during the period described in [paragraph (4)](#d-4)—
      - (i) the contracting officer may not authorize performance of the contract to begin while the [protest](/usc/31/3551.md?p=1) is pending; or
      - (ii) if authorization for contract performance to proceed was not withheld in accordance with [paragraph (2)](#d-2) before receipt of the notice, the contracting officer shall immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional [obligations](/usc/31/3801.md?p=a-11) being incurred by the United States under that contract.
    - (B) Performance and related activities suspended pursuant to [subparagraph (A)(ii)](#d-3-A-ii) by reason of a [protest](/usc/31/3551.md?p=1) may not be resumed while the [protest](/usc/31/3551.md?p=1) is pending.
    - (C) The head of the procuring activity may authorize the performance of the contract (notwithstanding a [protest](/usc/31/3551.md?p=1) of which the [Federal agency](/usc/31/3551.md?p=3) has notice under this section)—
      - (i) upon a written finding that—
        - (I) performance of the contract is in the best interests of the United States; or
        - (II) urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General concerning the [protest](/usc/31/3551.md?p=1); and
      - (ii) after the Comptroller General is notified of that finding.
  - (4)
    - (A) The period referred to in paragraphs [(2)](#d-2) and [(3)(A)](#d-3-A), with respect to a contract, is the period beginning on the date of the contract award and ending on the later of—
      - (i) the date that is 10 days after the date of the contract award; or
      - (ii) the date that is 5 days after the debriefing date offered to an unsuccessful offeror for any debriefing that is requested and, when requested, is required.
    - (B) For procurements conducted by any component of the Department of Defense, the 5-day period described in [subparagraph (A)(ii)](#d-4-A-ii) does not commence until the day the Government delivers to a disappointed offeror the written responses to any questions submitted pursuant to [section 3304(c)(1)(G) of title 10](/usc/10/3304.md?p=c-1-G).
- (e) The authority of the head of the procuring activity to make findings and to authorize the award and performance of contracts under subsections [(c)](#c) and [(d)](#d) of this section may not be delegated.
- (f)
  - (1) Within such deadlines as the Comptroller General prescribes, upon request each [Federal agency](/usc/31/3551.md?p=3) shall provide to an [interested party](/usc/31/3551.md?p=2) any document relevant to a protested procurement action (including the report required by [subsection (b)(2)](#b-2) of this section) that would not give that party a competitive advantage and that the party is otherwise authorized by law to receive.
  - (2)
    - (A) The Comptroller General may issue protective orders which establish terms, conditions, and restrictions for the provision of any document to a party under [paragraph (1)](#f-1), that prohibit or restrict the disclosure by the party of information described in [subparagraph (B)](#f-2-B) that is contained in such a document.
    - (B) Information referred to in [subparagraph (A)](#f-2-A) is procurement sensitive information, trade secrets, or other proprietary or confidential research, development, or commercial information.
    - (C) A protective order under this paragraph shall not be considered to authorize the withholding of any document or information from Congress or an executive [agency](/usc/31/1352.md?p=g-2).
- (g) If an [interested party](/usc/31/3551.md?p=2) files a [protest](/usc/31/3551.md?p=1) in connection with a public-private competition described in [section 3551(2)(B) of this title](/usc/31/3551.md?p=2-B), a [person](/usc/31/3701.md?p=c) representing a majority of the employees of the [Federal agency](/usc/31/3551.md?p=3) who are engaged in the performance of the activity or function subject to the public-private competition may intervene in [protest](/usc/31/3551.md?p=1).

# §3554. Decisions on protests

- (a)
  - (1) To the maximum extent practicable, the Comptroller General shall provide for the inexpensive and expeditious resolution of [protests](/usc/31/3551.md?p=1) under this subchapter. Except as provided under paragraph (2) of this subsection, the Comptroller General shall issue a final decision concerning a [protest](/usc/31/3551.md?p=1) within 100 days after the date the [protest](/usc/31/3551.md?p=1) is submitted to the Comptroller General.
  - (2) The Comptroller General shall, by regulation prescribed pursuant to [section 3555 of this title](/usc/31/3555.md), establish an express option for deciding those [protests](/usc/31/3551.md?p=1) which the Comptroller General determines suitable for resolution within 65 days after the date the [protest](/usc/31/3551.md?p=1) is submitted.
  - (3) An amendment to a [protest](/usc/31/3551.md?p=1) that adds a new ground of [protest](/usc/31/3551.md?p=1), if timely made, should be resolved, to the maximum extent practicable, within the time limit established under paragraph (1) of this subsection for final decision of the initial [protest](/usc/31/3551.md?p=1). If an amended [protest](/usc/31/3551.md?p=1) cannot be resolved within such time limit, the Comptroller General may resolve the amended [protest](/usc/31/3551.md?p=1) through the express option under paragraph (2) of this subsection.
  - (4) The Comptroller General may dismiss a [protest](/usc/31/3551.md?p=1) that the Comptroller General determines is frivolous or which, on its face, does not state a valid basis for [protest](/usc/31/3551.md?p=1).
- (b)
  - (1) With respect to a solicitation for a contract, or a proposed award or the award of a contract, protested under this subchapter, the Comptroller General may determine whether the solicitation, proposed award, or award complies with statute and regulation. If the Comptroller General determines that the solicitation, proposed award, or award does not comply with a statute or regulation, the Comptroller General shall recommend that the [Federal agency](/usc/31/3551.md?p=3)—
    - (A) refrain from exercising any of its options under the contract;
    - (B) recompete the contract immediately;
    - (C) cancel the solicitation issued pursuant to the public-private competition conducted under Office of Management and Budget Circular A–76 or any successor circular;
    - (D) issue a new solicitation;
    - (E) terminate the contract;
    - (F) award a contract consistent with the requirements of such statute and regulation;
    - (G) implement any combination of recommendations under clauses [(A)](#b-1-A), [(B)](#b-1-B), [(C)](#b-1-C), [(D)](#b-1-D), [(E)](#b-1-E), and [(F)](#b-1-F); or
    - (H) implement such other recommendations as the Comptroller General determines to be necessary in order to promote compliance with procurement statutes and regulations.
  - (2) If the head of the procuring activity responsible for a contract makes a finding under [section 3553(d)(3)(C)(i)(I) of this title](/usc/31/3553.md?p=d-3-C-i-I), the Comptroller General shall make recommendations under this subsection without regard to any cost or disruption from terminating, recompeting, or reawarding the contract.
  - (3) If the [Federal agency](/usc/31/3551.md?p=3) fails to implement fully the recommendations of the Comptroller General under this subsection with respect to a solicitation for a contract or an award or proposed award of a contract within 60 days after receiving the recommendations, the head of the procuring activity responsible for that contract shall report such failure to the Comptroller General not later than 5 days after the end of such 60-day period.
- (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 recommend that the [Federal agency](/usc/31/3551.md?p=3) conducting the procurement pay to an appropriate [interested party](/usc/31/3551.md?p=2) the costs of—
    - (A) filing and pursuing the [protest](/usc/31/3551.md?p=1), including reasonable attorneys’ fees and consultant and expert witness fees; and
    - (B) bid and proposal preparation.
  - (2) No party (other than a small business concern (within the meaning of section 3(a) of the Small Business Act)) may be paid, pursuant to a recommendation made under the authority of [paragraph (1)](#c-1)—
    - (A) costs for consultant and expert witness fees that exceed the highest rate of compensation for expert witnesses paid by the Federal Government; or
    - (B) costs for attorneys’ fees that exceed $150 per hour unless the [agency](/usc/31/1352.md?p=g-2) determines, based on the recommendation of the Comptroller General on a case by case basis, that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee.
  - (3) If the Comptroller General recommends under [paragraph (1)](#c-1) that a [Federal agency](/usc/31/3551.md?p=3) pay costs to an [interested party](/usc/31/3551.md?p=2), the [Federal agency](/usc/31/3551.md?p=3) shall—
    - (A) pay the costs promptly; or
    - (B) if the [Federal agency](/usc/31/3551.md?p=3) does not make such payment, promptly report to the Comptroller General the reasons for the failure to follow the Comptroller General’s recommendation.
  - (4) If the Comptroller General recommends under [paragraph (1)](#c-1) that a [Federal agency](/usc/31/3551.md?p=3) pay costs to an [interested party](/usc/31/3551.md?p=2), the [Federal agency](/usc/31/3551.md?p=3) and the [interested party](/usc/31/3551.md?p=2) shall attempt to reach an agreement on the amount of the costs to be paid. If the [Federal agency](/usc/31/3551.md?p=3) and the [interested party](/usc/31/3551.md?p=2) are unable to agree on the amount to be paid, the Comptroller General may, upon the request of the [interested party](/usc/31/3551.md?p=2), recommend to the [Federal agency](/usc/31/3551.md?p=3) the amount of the costs that the [Federal agency](/usc/31/3551.md?p=3) should pay.
- (d) Each decision of the Comptroller General under this subchapter shall be signed by the Comptroller General or a designee for that purpose. A copy of the decision shall be made available to the [interested parties](/usc/31/3551.md?p=2), the head of the procuring activity responsible for the solicitation, proposed award, or award of the contract, and the senior procurement executive of the [Federal agency](/usc/31/3551.md?p=3) involved.
- (e)
  - (1) The Comptroller General shall report promptly to the Committee on Governmental Affairs and the Committee on Appropriations of the Senate and to the Committee on Government Reform and Oversight and the Committee on Appropriations of the House of Representatives any case in which a [Federal agency](/usc/31/3551.md?p=3) fails to implement fully a recommendation of the Comptroller General under subsection [(b)](#b) or [(c)](#c). The report shall include—
    - (A) a comprehensive review of the pertinent procurement, including the circumstances of the failure of the [Federal agency](/usc/31/3551.md?p=3) to implement a recommendation of the Comptroller General; and
    - (B) a recommendation regarding whether, in order to correct an inequity or to preserve the integrity of the procurement process, the Congress should consider—
      - (i) private relief legislation;
      - (ii) legislative rescission or cancellation of funds;
      - (iii) further investigation by Congress; or
      - (iv) other action.
  - (2) Not later than January 31 of each year, the Comptroller General shall transmit to the Congress a report containing a summary of each instance in which a [Federal agency](/usc/31/3551.md?p=3) did not fully implement a recommendation of the Comptroller General under subsection [(b)](#b) or [(c)](#c) during the preceding year. The report shall also describe each instance in which a final decision in a [protest](/usc/31/3551.md?p=1) was not rendered within 100 days after the date the [protest](/usc/31/3551.md?p=1) is submitted to the Comptroller General. The report shall also include a summary of the most prevalent grounds for sustaining [protests](/usc/31/3551.md?p=1) during such preceding year.

# §3555. Regulations; authority of Comptroller General to verify assertions

- (a) The Comptroller General shall prescribe such procedures as may be necessary to the expeditious decision of [protests](/usc/31/3551.md?p=1) under this subchapter, including procedures for accelerated resolution of [protests](/usc/31/3551.md?p=1) under the express option authorized by [section 3554(a)(2) of this title](/usc/31/3554.md?p=a-2). Such procedures shall provide that the [protest](/usc/31/3551.md?p=1) 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 subchapter—
  - (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 default 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 [Federal agency](/usc/31/3551.md?p=3), such last day is a day on which weather or other conditions cause the closing of the Government Accountability Office or [Federal agency](/usc/31/3551.md?p=3), in which event the next day that is not a Saturday, Sunday, or legal holiday shall be included.
- (c) **Electronic Filing and Document Dissemination System.—**
  - (1) **Establishment and operation of system.—** The Comptroller General shall establish and operate an electronic filing and document dissemination system under which, in accordance with procedures prescribed by the Comptroller General—
    - (A) a [person](/usc/31/3701.md?p=c) filing a [protest](/usc/31/3551.md?p=1) under this subchapter may file the [protest](/usc/31/3551.md?p=1) through electronic means; and
    - (B) all documents and information required with respect to the [protest](/usc/31/3551.md?p=1) may be disseminated and made available to the parties to the [protest](/usc/31/3551.md?p=1) through electronic means.
  - (2) **Imposition of fees.—**
    - (A) **In general.—** The Comptroller General may require each [person](/usc/31/3701.md?p=c) who files a [protest](/usc/31/3551.md?p=1) under this subchapter to pay a fee to support the establishment and operation of the electronic system under this subsection, without regard to whether or not the [person](/usc/31/3701.md?p=c) uses the system with respect to the [protest](/usc/31/3551.md?p=1).
    - (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)](#c-2-A).
  - (3) **Treatment of amounts collected.—**
    - (A) **Establishment of account.—** The Comptroller General shall maintain a separate account among the accounts of the Government Accountability Office for the electronic system under this subsection, and shall deposit all amounts received as fees under [paragraph (2)](#c-2) into the account.
    - (B) **Use of amounts.—** Amounts in the account maintained under this paragraph shall be available to the Comptroller General, without fiscal year limitation, solely to establish and operate the electronic system under this subsection.
- (d) The Comptroller General may use any authority available under [chapter 7](/usc/31/chstI-ch7.md) of this title and this chapter to verify assertions made by parties in [protests](/usc/31/3551.md?p=1) under this subchapter.