2021—Subsec. (d)(4)(B). Pub. L. 117–81 substituted “section 3304(c)(1)(G)” for “section 2305(b)(5)(B)(vii)”.
2017—Subsec. (d)(4). Pub. L. 115–91 redesignated existing provisions as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and added subpar. (B).
2004—Subsec. (g). Pub. L. 108–375 added subsec. (g).
1996—Subsec. (b)(2)(A). Pub. L. 104–106, § 5501(1), substituted “30 days” for “35 days”.
Subsec. (b)(3). Pub. L. 104–106, § 4321(d)(2), substituted “3554(a)(4)” for “3554(a)(3)”.
1994—Subsec. (b)(1). Pub. L. 103–355, § 1402(a)(1)(A), substituted “one day after” for “one working day of”.
Subsec. (b)(2)(A). Pub. L. 103–355, § 1402(a)(1)(B)(i), substituted “35 days after” for “25 working days from”.
Subsec. (b)(2)(C). Pub. L. 103–355, § 1402(a)(1)(B)(ii), substituted “20 days after” for “10 working days from”.
Subsec. (c)(3). Pub. L. 103–355, § 1402(a)(2), substituted “after the making of such finding” for “thereafter”.
Subsec. (d). Pub. L. 103–355, § 1402(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:
“(d)(1) If a Federal agency receives notice of a protest under this section after the contract has been awarded but within 10 days of the date of the contract award, the Federal agency (except as provided under paragraph (2)) shall, upon receipt of that notice, immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract. Performance of the contract may not be resumed while the protest is pending.
“(2) The head of the procuring activity responsible for award of a contract may authorize the performance of the contract (notwithstanding a protest of which the Federal agency has notice under this section)—
“(A) upon a written finding—
“(i) that performance of the contract is in the best interests of the United States; or
“(ii) that urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General concerning the protest; and
“(B) after the Comptroller General is notified of that finding.”
Subsec. (f). Pub. L. 103–355, § 1403(c), designated existing provisions as par. (1) and added par. (2).
Amendment by Pub. L. 108–375 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
For effective date and applicability of amendment by section 4321(d)(2) of Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of Title 10, Armed Forces.
Amendment by section 5501(1) of Pub. L. 104–106 effective 180 days after
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.
Section applicable with respect to any protest filed after
Amendment by Pub. L. 108–375 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 section 326(e) of Pub. L. 108–375, set out as a note under section 3551 of this title.