31 U.S.C. § 3553 : US Code - Section 3553: Review of protests; effect on contracts pending decision

Search 31 U.S.C. § 3553 : US Code - Section 3553: Review of protests; effect on contracts pending decision

(a) Under procedures prescribed under section 3555 of this title,
the Comptroller General shall decide a protest submitted to the
Comptroller General by an interested party.
(b)(1) Within one day after the receipt of a protest, the
Comptroller General shall notify the Federal agency involved of the
protest.
(2) Except as provided in paragraph (3) of this subsection, a
Federal agency receiving a notice of a protested procurement under
paragraph (1) of this subsection shall submit to the Comptroller
General a complete report (including all relevant documents) on the
protested procurement -
(A) within 30 days after the date of the agency's receipt of
that notice;
(B) if the Comptroller General, upon a showing by the Federal
agency, determines (and states the reasons in writing) that the
specific circumstances of the protest require a longer period,
within the longer period determined by the Comptroller General;
or
(C) in a case determined by the Comptroller General to be
suitable for the express option under section 3554(a)(2) of this
title, within 20 days after the date of the Federal agency's
receipt of that determination.
(3) A Federal agency need not submit a report to the Comptroller
General pursuant to paragraph (2) of this subsection if the agency
is sooner notified by the Comptroller General that the protest
concerned has been dismissed under section 3554(a)(4) of this
title.
(c)(1) Except as provided in paragraph (2) of this subsection, a
contract may not be awarded in any procurement after the Federal
agency has received notice of a protest with respect to such
procurement from the Comptroller General and while the protest is
pending.
(2) The head of the procuring activity responsible for award of a
contract may authorize the award of the contract (notwithstanding a
protest of which the Federal agency has notice under this section) -

(A) upon a written finding that urgent and compelling
circumstances which significantly affect interests of the United
States will not permit waiting for the decision of the
Comptroller General under this subchapter; and
(B) after the Comptroller General is advised of that finding.
(3) A finding may not be made under paragraph (2)(A) of this
subsection unless the award of the contract is otherwise likely to
occur within 30 days after the making of such finding.
(d)(1) A contractor awarded a Federal agency contract may, during
the period described in paragraph (4), begin performance of the
contract and engage in any related activities that result in
obligations being incurred by the United States under the contract
unless the contracting officer responsible for the award of the
contract withholds authorization to proceed with performance of the
contract.
(2) The contracting officer may withhold an authorization to
proceed with performance of the contract during the period
described in paragraph (4) if the contracting officer determines in
writing that -
(A) a protest is likely to be filed; and
(B) the immediate performance of the contract is not in the
best interests of the United States.
(3)(A) If the Federal agency awarding the contract receives
notice of a protest in accordance with this section during the
period described in paragraph (4) -
(i) the contracting officer may not authorize performance of
the contract to begin while the protest is pending; or
(ii) if authorization for contract performance to proceed was
not withheld in accordance with paragraph (2) before receipt of
the notice, the contracting officer shall 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.
(B) Performance and related activities suspended pursuant to
subparagraph (A)(ii) by reason of a protest may not be resumed
while the protest is pending.
(C) The head of the procuring activity may authorize the
performance of the contract (notwithstanding a protest of which the
Federal agency has notice under this section) -
(i) upon a written finding that -
(I) performance of the contract is in the best interests of
the United States; or
(II) 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
(ii) after the Comptroller General is notified of that finding.
(4) The period referred to in paragraphs (2) and (3)(A), with
respect to a contract, is the period beginning on the date of the
contract award and ending on the later of -
(A) the date that is 10 days after the date of the contract
award; or
(B) the date that is 5 days after the debriefing date offered
to an unsuccessful offeror for any debriefing that is requested
and, when requested, is required.
(e) The authority of the head of the procuring activity to make
findings and to authorize the award and performance of contracts
under subsections (c) and (d) of this section may not be delegated.
(f)(1) Within such deadlines as the Comptroller General
prescribes, upon request each Federal agency shall provide to an
interested party any document relevant to a protested procurement
action (including the report required by subsection (b)(2) of this
section) that would not give that party a competitive advantage and
that the party is otherwise authorized by law to receive.
(2)(A) The Comptroller General may issue protective orders which
establish terms, conditions, and restrictions for the provision of
any document to a party under paragraph (1), that prohibit or
restrict the disclosure by the party of information described in
subparagraph (B) that is contained in such a document.
(B) Information referred to in subparagraph (A) is procurement
sensitive information, trade secrets, or other proprietary or
confidential research, development, or commercial information.
(C) A protective order under this paragraph shall not be
considered to authorize the withholding of any document or
information from Congress or an executive agency.
(g) If an interested party files a protest in connection with a
public-private competition described in section 3551(2)(B) of this
title, a person representing a majority of the employees of the
Federal agency who are engaged in the performance of the activity
or function subject to the public-private competition may intervene
in protest.