31 U.S.C. § 3551
Section 3551 · Definitions
Viewing 31 U.S.C. § 3551 as in effect on October 28, 2004. The text changed in 3 later editions (most recent October 28, 2009).
View current version →In this subchapter:
(1) The term “protest” means a written objection by an interested party to any of the following:
(A) A solicitation or other request by a Federal agency for offers for a contract for the procurement of property or services.
(B) The cancellation of such a solicitation or other request.
(C) An award or proposed award of such a contract.
(D) A termination or cancellation of an award of such a contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.
(2)(A) The term “interested party”, with respect to a contract or a solicitation or other request for offers described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract.
(B) The term includes the official responsible for submitting the Federal agency tender in a public-private competition conducted under Office of Management and Budget Circular A–76 regarding an activity or function of a Federal agency performed by more than 65 full-time equivalent employees of the Federal agency.
(3) The term “Federal agency” has the meaning given such term by section 102 of title 40.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2004—Par. (2). Pub. L. 108–375 designated existing provisions as subpar. (A) and added subpar. (B).
2002—Par. (3). Pub. L. 107–217 substituted “section 102 of title 40” for “section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)”.
1996—Pub. L. 104–106, §4321(d)(1)(A), substituted “subchapter:” for “subchapter—” in introductory provisions.
Par. (2). Pub. L. 104–106, §4321(d)(1)(B), substituted “or a solicitation or other request for offers” for “or proposed contract”.
1994—Par. (1). Pub. L. 103–355, §1401(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “ ‘protest’ means a written objection by an interested party to a solicitation by a Federal agency for bids or proposals for a proposed contract for the procurement of property or services or a written objection by an interested party to a proposed award or the award of such a contract;”.
Pub. L. 103–272 substituted “a Federal” for “an Federal”.
Par. (2). Pub. L. 103–355, §1401(b)(1), inserted “The term” after “(2)” and substituted a period for “; and” at end.
Par. (3). Pub. L. 103–355, §1401(b)(2), inserted “The term” after “(3)”.
1985—Par. (1). Pub. L. 99–145 substituted “Federal agency” for “executive agency”.
Effective Date of 2004 Amendment
Pub. L. 108–375, div. A, title III, §326(d), Oct. 28, 2004, 118 Stat. 1848, provided that: “The amendments made by this section [amending this section and sections 3552 and 3553 of this title] shall apply to protests filed under subchapter V of chapter 35 of title 31, United States Code, 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 the date of the enactment of this Act [Oct. 28, 2004].”
Effective Date of 1996 Amendment
For effective date and applicability of amendment by 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.
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
Pub. L. 108–375, div. A, title III, §326(e), Oct. 28, 2004, 118 Stat. 1849, provided that: “The amendments made by this section [amending this section and sections 3552 and 3553 of this title] shall not be construed to authorize the use of a protest under subchapter V of chapter 35 of title 31, United States Code, with regard to a decision made by an agency tender official.”