Title 10 — Armed Forces
Part V · Chapter 241 — Awarding of Contracts
§ 3308. Protests
Statutory text
Protest File.—
Establishment and access.—
If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31 and an actual or prospective offeror so requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors.
Redacted information.—
Information exempt from disclosure under section 552 of title 5 may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise.
Agency Actions on Protests.—
If, in connection with a protest, the head of an agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the agency—
may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of section 3554 of title 31; and
may pay costs described in paragraph (1) of section 3554(c) of title 31 within the limits referred to in paragraph (2) of such section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1816(d) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3308
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(d), (e), Jan. 1, 2021, 134 Stat. 4185.)
Source evidence
Code source credit
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(d), (e), Jan. 1, 2021, 134 Stat. 4185.)Enacted provision · exact public law section
(d) New Sections.— Such chapter is further amended by adding at the end the following new sections: “§ 3308. Protests “§ 3309. Prohibition on release of contractor proposals” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1816(e) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3308(a)
Pub. L. 116–283, § 1816(e), redesignated subsec. (e) of section 2305 of this title as subsec. (a) of this section and, in pars. (1) and (2)
Inserted · 10 U.S.C. § 3308(a)
Pub. L. 116–283, § 1816(e), inserted headings and realigned margins
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1816(e), redesignated subsec. (e) of section 2305 of this title as subsec. (a) of this section and, in pars. (1) and (2), inserted headings and realigned margins.Enacted provision · exact public law section
(e) Transfer of Subsections (e) and (f) of Section 2305.— (1) Transfer.— Subsections (e) and (f) of section 2305 of title 10, United States Code, are transferred to section 3308 of such title, as added by subsection (d), inserted after the section heading, and redesignated as subsections (a) and (b), respectively. (2) Amendment to new 3308(a).— Subsection (a) of such section 3308, as redesignated by paragraph (1), is amended— (A) by striking “File.—(1) If, in the” and inserting “ File.— “(1) Establishment and access.— If, in the” ; (B) in paragraph (2), by inserting “Redacted information.—” before “Information exempt”; and (C) by realigning paragraph (2) 2 ems to the right.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1816(e)(1) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3308(b)
Pub. L. 116–283, § 1816(e)(1), redesignated subsec. (f) of section 2305 of this title as subsec. (b) of this section
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1816(e)(1), redesignated subsec. (f) of section 2305 of this title as subsec. (b) of this section.Enacted provision · exact public law section
(1) Transfer.— Subsections (e) and (f) of section 2305 of title 10, United States Code, are transferred to section 3308 of such title, as added by subsection (d), inserted after the section heading, and redesignated as subsections (a) and (b), respectively.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Codification
The text of subsec. (e) of section 2305 of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Pub. L. 116–283, § 1816(e), was based on Pub. L. 103–355, title I, § 1015, , 108 Stat. 3256; Pub. L. 104–106, div. E, title LVI, § 5601(a), , 110 Stat. 699; Pub. L. 104–201, div. A, title X, § 1074(b)(4)(A), , 110 Stat. 2660.
The text of subsec. (f) of section 2305 of this title, which was transferred to this section, redesignated as subsec. (b), and amended by Pub. L. 116–283, § 1816(e)(1), was based on Pub. L. 103–355, title I, § 1016, , 108 Stat. 3257.
Prior Provisions
A prior section 3308, act Aug. 10, 1956, ch. 1041, 70A Stat. 192, related to effect of removal from recommended list by President of name of any promotion-list officer or brigadier general of Regular Army who in President’s opinion is not qualified for promotion or who is not confirmed by Senate, prior to repeal by Pub. L. 96–513, title II, § 204, title VII, § 701, , 94 Stat. 2880, 2955, effective . See section 629 of this title.
Amendments
2021—Subsec. (a). Pub. L. 116–283, § 1816(e), redesignated subsec. (e) of section 2305 of this title as subsec. (a) of this section and, in pars. (1) and (2), inserted headings and realigned margins.
Subsec. (b). Pub. L. 116–283, § 1816(e)(1), redesignated subsec. (f) of section 2305 of this title as subsec. (b) of this section.
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Credits
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(d), (e), , 134 Stat. 4185.)