US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 3308

Protests

(a)

Protest File.—

(1)

Establishment and access .—

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.
(2)

Redacted information .—

section 552 of title 5Information exempt from disclosure under may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise.
(b)

Agency Actions on Protests .—

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—
(1)
section 3554 of title 31 may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of ; and
(2)
section 3554(c) of title 31 may pay costs described in paragraph (1) of within the limits referred to in paragraph (2) of such section.

Pub. L. 116–283, div. A, title XVIII, § 1816(d)134 Stat. 4185 (Added and amended , (e), , .)

Editorial Notes

Codification

section 2305 of this titlePub. L. 116–283, § 1816(e)Pub. L. 103–355, title I, § 1015108 Stat. 3256 Pub. L. 104–106, div. E, title LVI, § 5601(a)110 Stat. 699 Pub. L. 104–201, div. A, title X, § 1074(b)(4)(A)110 Stat. 2660 The text of subsec. (e) of , which was transferred to this section, redesignated as subsec. (a), and amended by , was based on , , ; , , ; , , .

section 2305 of this titlePub. L. 116–283, § 1816(e)(1)Pub. L. 103–355, title I, § 1016108 Stat. 3257 The text of subsec. (f) of , which was transferred to this section, redesignated as subsec. (b), and amended by , was based on , , .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 192 Pub. L. 96–513, title II, § 20494 Stat. 2880 section 629 of this titleA prior section 3308, , , related to effect of removal from recommended list by President of name of any promotion-list officer or brigadier general of Regular Army who in President’s opinion is not qualified for promotion or who is not confirmed by Senate, prior to repeal by , title VII, § 701, , , 2955, effective . See .

Amendments

Pub. L. 116–283, § 1816(e)section 2305 of this title2021—Subsec. (a). , redesignated subsec. (e) of as subsec. (a) of this section and, in pars. (1) and (2), inserted headings and realigned margins.

Pub. L. 116–283, § 1816(e)(1)section 2305 of this titleSubsec. (b). , redesignated subsec. (f) of as subsec. (b) of this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .