Statutes, codes, and regulations
United States Code
Title 41 - PUBLIC CONTRACTSSubtitle I - FEDERAL PROCUREMENT POLICYDivision C - PROCUREMENT
Chapter 37 - AWARDING OF CONTRACTS
Section 3708 - Protests

41 U.S.C. § 3708

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Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 3708 - Protests
(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).

41 U.S.C. § 3708

Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3773.

HISTORICAL AND REVISION NOTES
Revised SectionSource (U.S. Code)Source (Statutes at Large)
3708(a)41:253b(k).June 30, 1949, ch. 288, title III, §303B(k), formerly §303B(h), as added Pub. L. 103-355, title I, §10651065,, 108 Stat. 3269; redesignated as §303B(k), Pub. L. 104-106, title XLI, §4104(b)(2), Feb. 10, 1996, 110 Stat. 645; Pub. L. 104-106, title XLI, §5607(c), Feb. 10, 1996, 110 Stat. 701, as amended Pub. L. 104-201, title X, §1074(b)(7) (less effective date), Sept. 23, 1996, 110 Stat. 2660.
3708(b)41:253b(l).June 30, 1949, ch. 288, title III, §303B(l), formerly §303B(i), as added Pub. L. 103-355, title I, §10661066,, 108 Stat. 3269; redesignated as §303B(l), Pub. L. 104-106, title XLI, §4104(b)(2), Feb. 10, 1996, 110 Stat. 645.