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31 U.S.C. § 1558Availability of funds following resolution of a formal protest or other challenge

submitted 37 years ago by Pub. L. 101-189 to r/title-31-MONEY-AND-FINANCE · 221 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses “Availability of funds following resolution of a formal protest or other challenge.” It states the rules and requirements in the statutory text.

(a) despite section 1552 of this title or any other provision of law, funds available to an agency for obligation for a contract at the time a protest or other action referred to in subsection (b) is filed in connection with a solicitation for, proposed award of, or award of such contract must remain available for obligation for 100 days after the date on which the final ruling is made on the protest or other action. A ruling is considered final on the date on which the time allowed for filing an appeal or request for reconsideration has expired, or the date on which a decision is rendered on such an appeal or request, whichever is later. (b) Subsection (a) applies about— (1) any protest filed under subchapter V of chapter 35 of this title; or (2) an action commenced under administrative procedures or for a judicial remedy if— (A) the action involves a challenge to— (i) a solicitation for a contract; (ii) a proposed award of a contract; (iii) an award of a contract; or (iv) the eligibility of an offeror or potential offeror for a contract or of the contractor awarded the contract; and (B) commencement of the action delays or prevents an executive agency from making an award of a contract or proceeding with a procurement.
the actual law source: uscode.house.gov ↗public domain
(a)

Notwithstanding section 1552 of this title or any other provision of law, funds available to an agency for obligation for a contract at the time a protest or other action referred to in subsection (b) is filed in connection with a solicitation for, proposed award of, or award of such contract shall remain available for obligation for 100 days after the date on which the final ruling is made on the protest or other action. A ruling is considered final on the date on which the time allowed for filing an appeal or request for reconsideration has expired, or the date on which a decision is rendered on such an appeal or request, whichever is later.

(b)

Subsection (a) applies with respect to—

(1)

any protest filed under subchapter V of chapter 35 of this title; or

(2)

an action commenced under administrative procedures or for a judicial remedy if—

(A)

the action involves a challenge to—

(i)

a solicitation for a contract;

(ii)

a proposed award of a contract;

(iii)

an award of a contract; or

(iv)

the eligibility of an offeror or potential offeror for a contract or of the contractor awarded the contract; and

(B)

commencement of the action delays or prevents an executive agency from making an award of a contract or proceeding with a procurement.

Source credit: (Added Pub. L. 101–189, div. A, title VIII, § 813(a), Nov. 29, 1989, 103 Stat. 1494; amended Pub. L. 104–106, div. E, title LV, § 5502(a), (b), Feb. 10, 1996, 110 Stat. 698, 699.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 101-189 · 103 Stat. 1494
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 698, 699

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-189 on 1989-11-29.

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