This subchapter does not give the Comptroller General exclusive jurisdiction over protests, and nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in the United States Court of Federal Claims. In any such action based on a procurement or proposed procurement with respect to which a protest has been filed under this subchapter, the reports required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such procurement or proposed procurement and any decision or recommendation of the Comptroller General under this subchapter with respect to such procurement or proposed procurement shall be considered to be part of the agency record subject to review.
Pub. L. 98–369, div. B, title VII, § 2741(a)98 Stat. 1202 Pub. L. 102–572, title IX, § 902(b)(1)106 Stat. 4516 Pub. L. 104–320, § 12(f)110 Stat. 3876 (Added , , ; amended , , ; , , .)
Editorial Notes
Amendments
Pub. L. 104–3201996—, which directed the amendment of this section by striking “a court of the United States or” in first sentence, was executed by striking “a district court of the United States or” after “to file an action in” in first sentence to reflect the probable intent of Congress.
Pub. L. 102–5721992— substituted “United States Court of Federal Claims” for “United States Claims Court”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–320section 12(f) of Pub. L. 104–320Amendment by effective , see , set out as a Nonexclusivity of GAO Remedies note below.
Effective Date of 1992 Amendment
Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.
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.
Nonexclusivity of GAO Remedies
Pub. L. 104–320, § 12(f)110 Stat. 3876