
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC3553]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                  CHAPTER 35--ACCOUNTING AND COLLECTION
 
                SUBCHAPTER V--PROCUREMENT PROTEST SYSTEM
 
Sec. 3553. Review of protests; effect on contracts pending 
        decision
        
    (a) Under procedures prescribed under section 3555 of this title, 
the Comptroller General shall decide a protest submitted to the 
Comptroller General by an interested party.
    (b)(1) Within one day after the receipt of a protest, the 
Comptroller General shall notify the Federal agency involved of the 
protest.
    (2) Except as provided in paragraph (3) of this subsection, a 
Federal agency 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's receipt of 
    that notice;
        (B) if the Comptroller General, upon a showing by the Federal 
    agency, determines (and states the reasons in writing) that the 
    specific circumstances of the protest 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, within 20 days after the date of the Federal agency's receipt 
    of that determination.

    (3) A Federal agency need not submit a report to the Comptroller 
General pursuant to paragraph (2) of this subsection if the agency is 
sooner notified by the Comptroller General that the protest concerned 
has been dismissed under section 3554(a)(4) of this title.
    (c)(1) Except as provided in paragraph (2) of this subsection, a 
contract may not be awarded in any procurement after the Federal agency 
has received notice of a protest with respect to such procurement from 
the Comptroller General and while the protest 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 of which the Federal agency 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 contract may, during 
the period described in paragraph (4), begin performance of the contract 
and engage in any related activities that result in obligations 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) if the contracting officer determines in writing that--
        (A) a protest 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 awarding the contract receives notice 
of a protest in accordance with this section during the period described 
in paragraph (4)--
        (i) the contracting officer may not authorize performance of the 
    contract to begin while the protest is pending; or
        (ii) if authorization for contract performance to proceed was 
    not withheld in accordance with paragraph (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 
    being incurred by the United States under that contract.

    (B) Performance and related activities suspended pursuant to 
subparagraph (A)(ii) by reason of a protest may not be resumed while the 
protest is pending.
    (C) The head of the procuring activity may authorize the performance 
of the contract (notwithstanding a protest of which the Federal agency 
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; and

        (ii) after the Comptroller General is notified of that finding.

    (4) The period referred to in paragraphs (2) and (3)(A), with 
respect to a contract, is the period beginning on the date of the 
contract award and ending on the later of--
        (A) the date that is 10 days after the date of the contract 
    award; or
        (B) 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.

    (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) and (d) of this section may not be delegated.
    (f)(1) Within such deadlines as the Comptroller General prescribes, 
upon request each Federal agency shall provide to an interested party 
any document relevant to a protested procurement action (including the 
report required by subsection (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), that prohibit or restrict the 
disclosure by the party of information described in subparagraph (B) 
that is contained in such a document.
    (B) Information referred to in subparagraph (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.

(Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18, 1984, 
98 Stat. 1200; amended Pub. L. 103-355, title I, Secs. 1402, 1403(c), 
Oct. 13, 1994, 108 Stat. 3287, 3290; Pub. L. 104-106, div. D, title 
XLIII, Sec. 4321(d)(2), div. E, title LV, Sec. 5501(1), Feb. 10, 1996, 
110 Stat. 674, 698.)


                               Amendments

    1996--Subsec. (b)(2)(A). Pub. L. 104-106, Sec. 5501(1), substituted 
``30 days'' for ``35 days''.
    Subsec. (b)(3). Pub. L. 104-106, Sec. 4321(d)(2), substituted 
``3554(a)(4)'' for ``3554(a)(3)''.
    1994--Subsec. (b)(1). Pub. L. 103-355, Sec. 1402(a)(1)(A), 
substituted ``one day after'' for ``one working day of''.
    Subsec. (b)(2)(A). Pub. L. 103-355, Sec. 1402(a)(1)(B)(i), 
substituted ``35 days after'' for ``25 working days from''.
    Subsec. (b)(2)(C). Pub. L. 103-355, Sec. 1402(a)(1)(B)(ii), 
substituted ``20 days after'' for ``10 working days from''.
    Subsec. (c)(3). Pub. L. 103-355, Sec. 1402(a)(2), substituted 
``after the making of such finding'' for ``thereafter''.
    Subsec. (d). Pub. L. 103-355, Sec. 1402(b), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows:
    ``(d)(1) If a Federal agency receives notice of a protest under this 
section after the contract has been awarded but within 10 days of the 
date of the contract award, the Federal agency (except as provided under 
paragraph (2)) shall, upon receipt of that notice, immediately direct 
the contractor to cease performance under the contract and to suspend 
any related activities that may result in additional obligations being 
incurred by the United States under that contract. Performance of the 
contract may not be resumed while the protest is pending.
    ``(2) The head of the procuring activity responsible for award of a 
contract may authorize the performance of the contract (notwithstanding 
a protest of which the Federal agency has notice under this section)--
        ``(A) upon a written finding--
            ``(i) that performance of the contract is in the best 
        interests of the United States; or
            ``(ii) that 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; and
        ``(B) after the Comptroller General is notified of that 
    finding.''
    Subsec. (f). Pub. L. 103-355, Sec. 1403(c), designated existing 
provisions as par. (1) and added par. (2).


                    Effective Date of 1996 Amendment

    For effective date and applicability of amendment by section 
4321(d)(2) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set 
out as a note under section 251 of Title 41, Public Contracts.
    Amendment by section 5501(1) of Pub. L. 104-106 effective 180 days 
after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, set out as an 
Effective Date note under section 1401 of Title 40, Public Buildings, 
Property, and Works.


                    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 251 of Title 41, Public Contracts.


                             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 251 of Title 41, Public Contracts.

                  Section Referred to in Other Sections

    This section is referred to in sections 3554, 3556 of this title; 
title 22 section 3862.
