What 31 USC § 3553 - Government Accountability Office Bid Protest Jurisdiction and Stay of Performance requires
31 USC § 3553 (enacted as part of the Competition in Contracting Act of 1984, Pub. L. 98-369; amended Pub. L. 104-106 and Pub. L. 116-283) gives the Comptroller General (head of the Government Accountability Office) jurisdiction to decide bid protests submitted by interested parties: subsection (a) establishes the Comptroller General's duty to decide protests submitted by interested parties (defined as actual or prospective bidders/offerors whose direct economic interest would be affected); subsection (b) prescribes the procedural deadlines - GAO notifies the federal agency within one day of receiving a protest; agencies file complete reports within 30 days (or 20 days under express option) of notification; the Comptroller General issues a decision within 100 days of protest receipt; subsection (c) establishes the automatic stay of contract performance during pending protest - a contract may not be awarded after the agency receives notice of a protest while the protest is pending, except where the head of procuring activity makes a written finding of urgent and compelling circumstances significantly affecting US interests; subsection (d) authorizes override of the stay by the procuring activity head with notification to the Comptroller General; the GAO bid protest regime operates in parallel with the Court of Federal Claims jurisdiction under 28 USC § 1491(b); protests filed within 10 days of basis known per 4 CFR § 21.2.
Pillar: Public Sector & Government Procurement · Authority: United States Congress (Competition in Contracting Act of 1984, Pub. L. 98-369; amended Pub. L. 104-106 Section 4321 (1996), Pub. L. 116-283 Section 1762 (2021)) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/31/3553
SHA-256 integrity: 8d9ecd5b2af5a454e25feda8be887a011162851df742acd133f6b7c621895ca7
Primary Citations — 5 traced to source
- 31 USC § 3553(a) JURISDICTION: 'Except as provided in subsections (b) through (f) of this section, the Comptroller General shall decide a protest submitted to the Comptroller General by an interested party. Such protests shall be in writing.'
- 31 USC § 3553(b)(1) NOTICE AND AGENCY REPORT: 'Within one day after the receipt of a protest, the Comptroller General shall notify the Federal agency involved of the protest.' Subsection (b)(2): 'Except as provided in subsection (c), the Federal agency shall, within 30 days after such notification (or such longer period as the Comptroller General determines to be appropriate), file with the Comptroller General a complete report on the protested procurement action.'
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