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- Title 41. Public Contracts
- Subtitle I. Federal Procurement Policy
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- Chapter 37. Awarding of Contracts
41 U.S.C. § 3708 Protests
Library | United States Statutes |
Edition | 2023 Edition |
Currency | Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023) |
(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 executive agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31, and an actual or prospective offeror 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.-Information exempt from disclosure under section 552 of title 5 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 executive agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the executive agency may-
(1) take any action set out in subparagraphs (A) to (F) of subsection (b)(1) of section 3554 of title 31; and
(2) pay costs described in paragraph (1) of section 3554(c) of title 31 within the limits referred to in paragraph (2) of section 3554(c).
<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>3708(a)</TD> <TD>41:253b(k).</TD> <TD>June 30, 1949, ch. 288, title III, §303B(k), formerly §303B(h), as added <actcitation href="" statecd="US" sessionyear="1994" actaltid="103-355">Pub. L. <actid>103-355</actid></actcitation>, <actseccitation href="" statecd="US" sessionyear="1994" actaltid="103-355">title I, §<actsec>1065</actsec>1065,</actseccitation>, 108 Stat. 3269; redesignated as §303B(k), <actcitation href="" statecd="US" sessionyear="1996" actaltid="104-106">Pub. L. <actid>104-106</actid></actcitation>, <actseccitation href="" statecd="US" sessionyear="1996" actaltid="104-106">title XLI, §<actsec>4104</actsec>(b)(2), Feb. 10, <sessionyear>1996</sessionyear></actseccitation>, 110 Stat. 645; <actcitation href="" sta...
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