31 U.S.C. § 3551

Editorial Notes

Amendments

Pub. L. 111–84, § 327(a)2009—Par. (1)(E). , added subpar. (E).

Pub. L. 111–84, § 327(b)Par. (2)(B)(i). , amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “any official who submitted the agency tender in such competition; and”.

Pub. L. 110–1812008—Par. (2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘interested party’—

“(A) with respect to a contract or a solicitation or other request for offers described in paragraph (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 regarding performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under OMB Circular A–76, includes—

“(i) any official who submitted the agency tender in such competition; and

“(ii) any one person who, for the purpose of representing them in a protest under this subchapter that relates to such competition, has been designated as their agent by a majority of the employees of such Federal agency who are engaged in the performance of such activity or function.”

Pub. L. 110–1612007—Par. (2). amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2)(A) The term ‘interested party’, with respect to a contract or a solicitation or other request for offers described in paragraph (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.

“(B) The term includes the official responsible for submitting the Federal agency tender in a public-private competition conducted under Office of Management and Budget Circular A–76 regarding an activity or function of a Federal agency performed by more than 65 full-time equivalent employees of the Federal agency.”

Pub. L. 108–3752004—Par. (2). designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 107–217section 102 of title 4040 U.S.C. 4722002—Par. (3). substituted “” for “section 3 of the Federal Property and Administrative Services Act of 1949 ()”.

Pub. L. 104–106, § 4321(d)(1)(A)1996—, substituted “subchapter:” for “subchapter—” in introductory provisions.

Pub. L. 104–106, § 4321(d)(1)(B)Par. (2). , substituted “or a solicitation or other request for offers” for “or proposed contract”.

Pub. L. 103–355, § 1401(a)1994—Par. (1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “ ‘protest’ means a written objection by an interested party to a solicitation by a Federal agency for bids or proposals for a proposed contract for the procurement of property or services or a written objection by an interested party to a proposed award or the award of such a contract;”.

Pub. L. 103–272 substituted “a Federal” for “an Federal”.

Pub. L. 103–355, § 1401(b)(1)Par. (2). , inserted “The term” after “(2)” and substituted a period for “; and” at end.

Pub. L. 103–355, § 1401(b)(2)Par. (3). , inserted “The term” after “(3)”.

Pub. L. 99–1451985—Par. (1). substituted “Federal agency” for “executive agency”.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title III, § 327(d)Oct. 28, 2009123 Stat. 2255

Effective Date of 2008 Amendment

Pub. L. 110–181Jan. 1, 2004Jan. 28, 2008section 326(d) of Pub. L. 110–181section 1491 of Title 28Par. (2)(B) of this section, as added by , applicable to a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency made pursuant to a study under OMB Circular A–76 on or after , and to any other protest or civil action that relates to a public-private competition under Circular A–76 or to a decision to convert a function performed by Federal employees to private sector performance without a competition under Circular A–76, on or after , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 2007 Amendment

Jan. 1, 2004Dec. 26, 2007section 739(c)(3) of Pub. L. 110–161section 501 of this titleParagraph (2)(B) of this section applicable to protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A–76 on or after ; and to any other protests and civil actions that relate to public-private competitions initiated under Office of Management and Budget Circular A–76, 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, on or after , see , set out as a note under .

Pub. L. 110–161section 739(e) of Pub. L. 110–161section 501 of this titleAmendment by applicable with respect to fiscal year 2008 and each succeeding fiscal year, see , set out as a note under .

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title III, § 326(d)Oct. 28, 2004118 Stat. 1848

Effective Date of 1996 Amendment

Pub. L. 104–106section 4401 of Pub. L. 104–106section 2220 of Title 10For effective date and applicability of amendment by , see , set out as a note under , Armed Forces.

Effective Date of 1994 Amendment

Pub. L. 103–355section 10001 of Pub. L. 103–355section 8752 of Title 10For effective date and applicability of amendment by , see , set out as a note under , Armed Forces.

Effective Date

Jan. 14, 1985section 2751(b) of Pub. L. 98–369section 2302 of Title 10Section applicable with respect to any protest filed after , see , set out as a note under , Armed Forces.

Construction of 2004 Amendment

Pub. L. 108–375, div. A, title III, § 326(e)Oct. 28, 2004118 Stat. 1849