10 U.S.C. § 3308 — Protests
submitted 5 years ago by Pub. L. 116-283 to r/title-10-ARMED-FORCES · 203 words · no verdicts yet
When an eligible protest is filed and an actual or potential offeror asks, the procuring activity must create a protest file and provide reasonable access. If the agency finds a procurement unlawful, it may take the listed corrective actions and pay allowable costs.
(a) Protest file. (1) Establishment and access. For a solicitation issued by an agency head, or an award or proposed award by an agency head, if a protest is filed under subchapter V of chapter 35 of title 31 and an actual or prospective offeror asks, the procuring activity must establish a protest file and give actual or prospective offerors reasonable access. (2) Redacted information. Information exempt from disclosure under section 552 of title 5 may be redacted from the file unless an applicable protective order says otherwise.
(b) Agency actions on protests. If, in connection with a protest, the agency head decides that the solicitation, proposed award, or award does not meet law or regulation, the agency head (1) may take any action listed in section 3554(b)(1)(A) through (F) of title 31; and (2) may pay* the costs described in section 3554(c)(1), within the limits in section 3554(c)(2).
If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an agency*, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31 and an actual or prospective offeror so requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors.
Information exempt from disclosure under section 552 of title 5 may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise.
If, in connection with a protest, the head of an agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the agency—
may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of section 3554 of title 31; and
may pay* costs described in paragraph (1) of section 3554(c) of title 31 within the limits referred to in paragraph (2) of such section.
Source credit: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(d), (e), Jan. 1, 2021, 134 Stat. 4185.)
- 2021Enacted · Pub. L. 116-283 · 134 Stat. 4185
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.
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