Notes on 31 U.S.C. § 3553 : US Code - Notes

Search Notes on 31 U.S.C. § 3553 : US Code - Notes

(Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18,
1984, 98 Stat. 1200; amended Pub. L. 103-355, title I, Secs. 1402,
1403(c), Oct. 13, 1994, 108 Stat. 3287, 3290; Pub. L. 104-106, div.
D, title XLIII, Sec. 4321(d)(2), div. E, title LV, Sec. 5501(1),
Feb. 10, 1996, 110 Stat. 674, 698; Pub. L. 108-375, div. A, title
III, Sec. 326(c), Oct. 28, 2004, 118 Stat. 1848.)
AMENDMENTS
2004 - Subsec. (g). Pub. L. 108-375 added subsec. (g).
1996 - Subsec. (b)(2)(A). Pub. L. 104-106, Sec. 5501(1),
substituted "30 days" for "35 days".
Subsec. (b)(3). Pub. L. 104-106, Sec. 4321(d)(2), substituted
"3554(a)(4)" for "3554(a)(3)".
1994 - Subsec. (b)(1). Pub. L. 103-355, Sec. 1402(a)(1)(A),
substituted "one day after" for "one working day of".
Subsec. (b)(2)(A). Pub. L. 103-355, Sec. 1402(a)(1)(B)(i),
substituted "35 days after" for "25 working days from".
Subsec. (b)(2)(C). Pub. L. 103-355, Sec. 1402(a)(1)(B)(ii),
substituted "20 days after" for "10 working days from".
Subsec. (c)(3). Pub. L. 103-355, Sec. 1402(a)(2), substituted
"after the making of such finding" for "thereafter".
Subsec. (d). Pub. L. 103-355, Sec. 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, Sec. 1403(c), designated existing
provisions as par. (1) and added par. (2).
EFFECTIVE DATE OF 2004 AMENDMENT
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 Oct. 28, 2004, see section 326(d) of Pub.
L. 108-375, set out as a note under section 3551 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
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 251 of Title 41, Public Contracts.
Amendment by section 5501(1) of Pub. L. 104-106 effective 180
days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, div.
E, title LVII, Feb. 10, 1996, 110 Stat. 702.
EFFECTIVE DATE OF 1994 AMENDMENT
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 251 of Title 41, Public Contracts.
EFFECTIVE DATE
Section applicable with respect to any protest filed after Jan.
14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note
under section 251 of Title 41, Public Contracts.
CONSTRUCTION OF 2004 AMENDMENT
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.