31 U.S.C. § 3554 : US Code - Section 3554: Decisions on protests

Search 31 U.S.C. § 3554 : US Code - Section 3554: Decisions on protests

(a)(1) To the maximum extent practicable, the Comptroller General
shall provide for the inexpensive and expeditious resolution of
protests under this subchapter. Except as provided under paragraph
(2) of this subsection, the Comptroller General shall issue a final
decision concerning a protest within 100 days after the date the
protest is submitted to the Comptroller General.
(2) The Comptroller General shall, by regulation prescribed
pursuant to section 3555 of this title, establish an express option
for deciding those protests which the Comptroller General
determines suitable for resolution within 65 days after the date
the protest is submitted.
(3) An amendment to a protest that adds a new ground of protest,
if timely made, should be resolved, to the maximum extent
practicable, within the time limit established under paragraph (1)
of this subsection for final decision of the initial protest. If an
amended protest cannot be resolved within such time limit, the
Comptroller General may resolve the amended protest through the
express option under paragraph (2) of this subsection.
(4) The Comptroller General may dismiss a protest that the
Comptroller General determines is frivolous or which, on its face,
does not state a valid basis for protest.
(b)(1) With respect to a solicitation for a contract, or a
proposed award or the award of a contract, protested under this
subchapter, the Comptroller General may determine whether the
solicitation, proposed award, or award complies with statute and
regulation. If the Comptroller General determines that the
solicitation, proposed award, or award does not comply with a
statute or regulation, the Comptroller General shall recommend that
the Federal agency -
(A) refrain from exercising any of its options under the
contract;
(B) recompete the contract immediately;
(C) issue a new solicitation;
(D) terminate the contract;
(E) award a contract consistent with the requirements of such
statute and regulation;
(F) implement any combination of recommendations under clauses
(A), (B), (C), (D), and (E); or
(G) implement such other recommendations as the Comptroller
General determines to be necessary in order to promote compliance
with procurement statutes and regulations.
(2) If the head of the procuring activity responsible for a
contract makes a finding under section 3553(d)(3)(C)(i)(I) of this
title, the Comptroller General shall make recommendations under
this subsection without regard to any cost or disruption from
terminating, recompeting, or reawarding the contract.
(3) If the Federal agency fails to implement fully the
recommendations of the Comptroller General under this subsection
with respect to a solicitation for a contract or an award or
proposed award of a contract within 60 days after receiving the
recommendations, the head of the procuring activity responsible for
that contract shall report such failure to the Comptroller General
not later than 5 days after the end of such 60-day period.
(c)(1) If the Comptroller General determines that a solicitation
for a contract or a proposed award or the award of a contract does
not comply with a statute or regulation, the Comptroller General
may recommend that the Federal agency conducting the procurement
pay to an appropriate interested party the costs of -
(A) filing and pursuing the protest, including reasonable
attorneys' fees and consultant and expert witness fees; and
(B) bid and proposal preparation.
(2) No party (other than a small business concern (within the
meaning of section 3(a) of the Small Business Act)) may be paid,
pursuant to a recommendation made under the authority of paragraph
(1) -
(A) costs for consultant and expert witness fees that exceed
the highest rate of compensation for expert witnesses paid by the
Federal Government; or
(B) costs for attorneys' fees that exceed $150 per hour unless
the agency determines, based on the recommendation of the
Comptroller General on a case by case basis, that an increase in
the cost of living or a special factor, such as the limited
availability of qualified attorneys for the proceedings involved,
justifies a higher fee.
(3) If the Comptroller General recommends under paragraph (1)
that a Federal agency pay costs to an interested party, the Federal
agency shall -
(A) pay the costs promptly; or
(B) if the Federal agency does not make such payment, promptly
report to the Comptroller General the reasons for the failure to
follow the Comptroller General's recommendation.
(4) If the Comptroller General recommends under paragraph (1)
that a Federal agency pay costs to an interested party, the Federal
agency and the interested party shall attempt to reach an agreement
on the amount of the costs to be paid. If the Federal agency and
the interested party are unable to agree on the amount to be paid,
the Comptroller General may, upon the request of the interested
party, recommend to the Federal agency the amount of the costs that
the Federal agency should pay.
(d) Each decision of the Comptroller General under this
subchapter shall be signed by the Comptroller General or a designee
for that purpose. A copy of the decision shall be made available to
the interested parties, the head of the procuring activity
responsible for the solicitation, proposed award, or award of the
contract, and the senior procurement executive of the Federal
agency involved.
(e)(1) The Comptroller General shall report promptly to the
Committee on Governmental Affairs and the Committee on
Appropriations of the Senate and to the Committee on Government
Reform and Oversight and the Committee on Appropriations of the
House of Representatives any case in which a Federal agency fails
to implement fully a recommendation of the Comptroller General
under subsection (b) or (c). The report shall include -
(A) a comprehensive review of the pertinent procurement,
including the circumstances of the failure of the Federal agency
to implement a recommendation of the Comptroller General; and
(B) a recommendation regarding whether, in order to correct an
inequity or to preserve the integrity of the procurement process,
the Congress should consider -
(i) private relief legislation;
(ii) legislative rescission or cancellation of funds;
(iii) further investigation by Congress; or
(iv) other action.
(2) Not later than January 31 of each year, the Comptroller
General shall transmit to the Congress a report containing a
summary of each instance in which a Federal agency did not fully
implement a recommendation of the Comptroller General under
subsection (b) or (c) during the preceding year. The report shall
also describe each instance in which a final decision in a protest
was not rendered within 100 days after the date the protest is
submitted to the Comptroller General.