Notes on 31 U.S.C. § 3554 : US Code - Notes
Search Notes on 31 U.S.C. § 3554 : US Code - Notes
(Added Pub. L. 98-369, div. B, title VII, Sec. 2741(a), July 18,
1984, 98 Stat. 1201; amended Pub. L. 100-463, title VIII, Sec.
8139, Oct. 1, 1988, 102 Stat. 2270-47; Pub. L. 103-355, title I,
Sec. 1403(a)-(b)(3), Oct. 13, 1994, 108 Stat. 3289, 3290; Pub. L.
104-106, div. D, title XLIII, Sec. 4321(d)(3), div. E, title LV,
Sec. 5501(2), Feb. 10, 1996, 110 Stat. 674, 698.)
REFERENCES IN TEXT
Section 3(a) of the Small Business Act, referred to in subsec.
(c)(2), is classified to section 632(a) of Title 15, Commerce and
Trade.
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-106, Sec. 5501(2)(A),
substituted "100 days" for "125 days".
Subsec. (b)(2). Pub. L. 104-106, Sec. 4321(d)(3), substituted
"section 3553(d)(3)(C)(i)(I)" for "section 3553(d)(2)(A)(i)".
Subsec. (e)(1). Pub. L. 104-106, Sec. 5501(2)(B)(i), substituted
"Government Reform and Oversight" for "Government Operations".
Subsec. (e)(2). Pub. L. 104-106, Sec. 5501(2)(B)(ii), substituted
"100 days" for "125 days".
1994 - Subsec. (a)(1). Pub. L. 103-355, Sec. 1403(a)(1),
substituted "125 days after" for "90 working days from".
Subsec. (a)(2). Pub. L. 103-355, Sec. 1403(a)(2), substituted "65
days after" for "45 calendar days from".
Subsec. (a)(3), (4). Pub. L. 103-355, Sec. 1403(a)(3), (4), added
par. (3) and redesignated former par. (3) as (4).
Subsec. (b)(3). Pub. L. 103-355, Sec. 1403(b)(1), added par. (3).
Subsec. (c). Pub. L. 103-355, Sec. 1403(b)(2), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as follows:
"(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 declare an appropriate interested party to be entitled to the
costs of -
"(A) filing and pursuing the protest, including reasonable
attorneys' fees; and
"(B) bid and proposal preparation.
"(2) Monetary awards to which a party is declared to be entitled
under paragraph (1) of this subsection shall be paid promptly by
the Federal agency concerned out of funds available to or for the
use of the Federal agency for the procurement of property and
services."
Subsec. (e). Pub. L. 103-355, Sec. 1403(b)(3), amended subsec.
(e) generally. Prior to amendment, subsec. (e) read as follows:
"(e)(1) The head of the procuring activity responsible for the
solicitation, proposed award, or award of the contract shall report
to the Comptroller General, if the Federal agency has not fully
implemented those recommendations within 60 days of receipt of the
Comptroller General's recommendations under subsection (b) of this
section.
"(2) Not later than January 31 of each year, the Comptroller
General shall transmit to Congress a report describing each
instance in which a Federal agency did not fully implement the
Comptroller General's recommendations during the preceding fiscal
year."
1988 - Subsec. (a)(1). Pub. L. 100-463 struck out "unless the
Comptroller General determines and states in writing the reasons
that the specific circumstances of the protest require a longer
period" after "submitted to the Comptroller General" before period
at end.
CHANGE OF NAME
Committee on Governmental Affairs of Senate changed to Committee
on Homeland Security and Governmental Affairs of Senate, effective
Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of
Representatives changed to Committee on Government Reform of House
of Representatives by House Resolution No. 5, One Hundred Sixth
Congress, Jan. 6, 1999.
EFFECTIVE DATE OF 1996 AMENDMENT
For effective date and applicability of amendment by section
4321(d)(3) 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(2) 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.
PROMPT PAYMENT OF COSTS UNDER PRIOR LAW
Section 1403(b)(4) of Pub. L. 103-355 provided that: "Costs to
which the Comptroller General declared an interested party to be
entitled under section 3554 of title 31, United States Code, as in
effect immediately before the enactment of this Act [Oct. 13,
1994], shall, if not paid or otherwise satisfied by the Federal
agency concerned before the date of the enactment of this Act, be
paid promptly."