US Code

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

31 U.S.C. § 3552

Protests by interested parties concerning procurement actions

(a)
A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter.
(b)
(1)
section 3551(2)(B) of this title In the case of an agency tender official who is an interested party under , the official may file a protest in connection with the public-private competition for which the official is an interested party. At the request of a majority of the employees of the Federal agency who are engaged in the performance of the activity or function subject to such public-private competition, the official shall file a protest in connection with such public-private competition unless the official determines that there is no reasonable basis for the protest.
(2)
The determination of an agency tender official under paragraph (1) whether or not to file a protest is not subject to administrative or judicial review. An agency tender official shall provide written notification to Congress whenever the official makes a determination under paragraph (1) that there is no reasonable basis for a protest.

Pub. L. 98–369, div. B, title VII, § 2741(a)98 Stat. 1199 Pub. L. 103–272, § 4(f)(1)(L)108 Stat. 1362 Pub. L. 103–355, title X, § 10005(d)108 Stat. 3408 Pub. L. 104–106, div. E, title LVI, § 5603110 Stat. 700 Pub. L. 108–375, div. A, title III, § 326(b)118 Stat. 1848 (Added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 108–3752004— designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 104–10640 U.S.C. 759(f)1996— struck out at end “An interested party who has filed a protest under section 111(f) of the Federal Property and Administrative Services Act of 1949 () with respect to a procurement or proposed procurement may not file a protest with respect to that procurement under this subchapter.”

Pub. L. 103–272Pub. L. 103–3551994— and amended section identically, substituting “section 111(f)” for “section 111(h)” and “759(f)” for “759(h)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–375section 326(d) of Pub. L. 108–375section 3551 of this titleAmendment by applicable to protests filed under this subchapter that relate to studies initiated under Office of Management and Budget Circular A–76 on or after the end of the 90-day period beginning on , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–106section 5701 of Pub. L. 104–106110 Stat. 702 Amendment by effective 180 days after , see , div. E, title LVII, , .

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

section 2751(b) of Pub. L. 98–369section 4751 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. 108–375section 326(e) of Pub. L. 108–375section 3551 of this titleAmendment by not to be construed to authorize the use of a protest under this subchapter with regard to a decision made by an agency tender official, see , set out as a note under .