31 U.S.C. § 3551

Definitions

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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.(E) Conversion of a function that is being performed by Federal employees to private sector performance.(2) The term “interested party”—(A) 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; and(B) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 with respect to the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, includes—(i) any official who is responsible for submitting the agency tender in such competition; and(ii) any one individual who, for the purpose of representing the Federal employees engaged in the performance of the activity or function for which the public-private competition is conducted in a protest under this subchapter that relates to such public-private competition, has been designated as the agent of the Federal employees by a majority of such employees.(3) The term “Federal agency” has the meaning given such term by section 102 of title 40.(Added Pub. L. 98–369, div. B, title VII, § 2741(a), July 18, 1984, 98 Stat. 1199; amended Pub. L. 99–145, title XIII, § 1304(d), Nov. 8, 1985, 99 Stat. 742; Pub. L. 103–272, § 4(f)(1)(K), July 5, 1994, 108 Stat. 1362; Pub. L. 103–355, title I, § 1401, Oct. 13, 1994, 108 Stat. 3287; Pub. L. 104–106, div. D, title XLIII, § 4321(d)(1), Feb. 10, 1996, 110 Stat. 674; Pub. L. 107–217, § 3(h)(6), Aug. 21, 2002, 116 Stat. 1300; Pub. L. 108–375, div. A, title III, § 326(a), Oct. 28, 2004, 118 Stat. 1848; Pub. L. 110–161, div. D, title VII, § 739(c)(1)(A), Dec. 26, 2007, 121 Stat. 2030; Pub. L. 110–181, div. A, title III, § 326(a), Jan. 28, 2008, 122 Stat. 62; Pub. L. 111–84, div. A, title III, § 327(a), (b), Oct. 28, 2009, 123 Stat. 2255.)Editorial NotesAmendments

2009—Par. (1)(E). Pub. L. 111–84, § 327(a), added subpar. (E).

Par. (2)(B)(i). Pub. L. 111–84, § 327(b), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “any official who submitted the agency tender in such competition; and”.

2008—Par. (2). Pub. L. 110–181 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘interested party’—

“(A) 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; and

“(B) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 regarding performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under OMB Circular A–76, includes—

“(i) any official who submitted the agency tender in such competition; and

“(ii) any one person who, for the purpose of representing them in a protest under this subchapter that relates to such competition, has been designated as their agent by a majority of the employees of such Federal agency who are engaged in the performance of such activity or function.”

2007—Par. (2). Pub. L. 110–161 amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(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.”

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”.

Statutory Notes and Related SubsidiariesEffective Date of 2009 Amendment

Pub. L. 111–84, div. A, title III, § 327(d), Oct. 28, 2009, 123 Stat. 2255, provided that: “The amendments made by this section [amending this section and section 3554 of this title] shall apply—“(1) to any protest or civil action that relates to a public-private competition conducted after the date of the enactment of this Act [Oct. 28, 2009] under Office of Management and Budget Circular A–76, or any successor circular; and“(2) to a decision made after the date of the enactment of this Act to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76.”

Effective Date of 2008 Amendment

Par. (2)(B) of this section, as added by Pub. L. 110–181, applicable to a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency made pursuant to a study under OMB Circular A–76 on or after Jan. 1, 2004, and to any other protest or civil action that relates to a public-private competition under Circular A–76 or to a decision to convert a function performed by Federal employees to private sector performance without a competition under Circular A–76, on or after Jan. 28, 2008, see section 326(d) of Pub. L. 110–181, set out as a note under section 1491 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 2007 Amendment

Paragraph (2)(B) of this section applicable to protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A–76 on or after Jan. 1, 2004; and to any other protests and civil actions that relate to public-private competitions initiated under Office of Management and Budget Circular A–76, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, on or after Dec. 26, 2007, see section 739(c)(3) of Pub. L. 110–161, set out as a note under section 501 of this title.

Amendment by Pub. L. 110–161 applicable with respect to fiscal year 2008 and each succeeding fiscal year, see section 739(e) of Pub. L. 110–161, set out as a note under section 501 of this title.

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 2220 of Title 10, Armed Forces.

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 8752 of Title 10, Armed Forces.

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 2302 of Title 10, Armed Forces.

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.”

Notes of Decisions

Cited in 302 cases (35 in the last 5 years), 1984–2026 · leading case: Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (Fed. Cir. 2001).

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Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (Fed. Cir. 2001). · cites it 4× “” It is unclear whether section 1491(b)(1) adopts the liberal APA standing requirement set forth in section 702 of the APA 8 or whether it *1334 adopts the more restrictive standard set forth in 31 U.S.C. § 3551 (2) for GAO review of bid protests.”

Validata Chem. Servs. v. United States Dep't of Energy, 169 F. Supp. 3d 69 (D.D.C. 2016). · cites it 10× ““In some cases,” the Court of Federal Claims applied the test for standing applicable in APA cases, while in other cases the court borrowed the narrower “actual or prospective bidder or offeror” standard from the Competition in Contracting Act (“CICA”), 31 U.S.C. § 3551 (2). Id.…”

Textron, Inc. v. United States, 74 Fed. Cl. 277 (Fed. Cl. 2006). · cites it 3× “2001) {“AFGE”), concluding that the term “interested party” of section 1491(b)(1) should be construed “in accordance with the [Competition in Contracting Act,]” 31 U.S.C. § 3551 (2) (2000). AFGE, 258 F.”

Caddell Constr. Co. v. United States, 125 Fed. Cl. 30 (Fed. Cl. 2016). · cites it 3× “§ 1491 (b), a plaintiff must demonstrate that it is an “interested party” as defined under the Competition in Contracting Act, 31 U.S.C. § 3551 (“CICA”). Am. Fed’n of Gov't Emps.”

percipient.ai, Inc. v. United States, 104 F.4th 839 (Fed. Cir. 2024). · cites it 4× “” 31 U.S.C. § 3551 (2)(A). Notably, CICA’s scope of protests does not include the third prong of § 1491(b)(1) (“alleged violation of statute or regulation in connection with a procurement or proposed procurement”).”

CBY Design Builders v. United States, 105 Fed. Cl. 303 (Fed. Cl. 2012). · cites it 2× “2001); see 31 U.S.C. § 3551 (2). In the context of a pre-award protest, the requisite interest supporting standing and prejudice is established by alleging “a non-trivial competitive injury which can be redressed by judicial relief.”

CCL, Inc. v. United States, 39 Fed. Cl. 780 (Fed. Cl. 1997). · cites it 4× “” 31 U.S.C. § 3551 (2) (1994). Since DISA decided not to compete the challenged services, defendant contends that CCL cannot be “an actual or prospective bidder” and that therefore it is not an “interested party” with standing to sue.”

Argencord Mach. & Equip., Inc. v. United States, 68 Fed. Cl. 167 (Fed. Cl. 2005). · cites it 2× “The Federal Circuit has construed “interested party” under ADRA to comport with “interested party” as defined in the Competition in Contracting Act (CICA), 31 U.S.C. § 3551 . See Banknote Corp. of Am.”

Info. Sciences Corp. v. United States, 73 Fed. Cl. 70 (Fed. Cl. 2006). · cites it 2× “The United States Court of Appeals for the Federal Circuit has construed the term “interested party” as synonymous with “interested party,” as defined by the Competition in Contracting Act, 31 U.S.C. § 3551 . 26 See Rex Sen. Corp. v.”

Femme Comp Inc. v. United States, 83 Fed. Cl. 704 (Fed. Cl. 2008). · cites it 2× “2001) (citing 31 U.S.C. § 3551 (2)(A)). The court reviews the procuring agency’s action pursuant to the standards set forth in 5 U.”

Magnum Opus Tech., Inc. v. United States, 94 Fed. Cl. 512 (Fed. Cir. 2010). · cites it 2× “2001) (“AFL-CIO ”) (holding that “interested party” under the Tucker Act is to be construed in accordance with the same language as used in CICA, 31 U.S.C. § 3551 (2)). Defendants argue that (1) Magnum Opus lacks standing to pursue its claim because it is only half of the joint…”

Clinicomp Int'l, Inc. v. United States, 134 Fed. Cl. 736 (Fed. Cl. 2017). · cites it 4× “2001)); see 31 U.S.C. § 3551 (2). And so, to have standing, a plaintiff must show that: “ ‘it [ (1) ] is .”

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— 31 U.S.C. § 3551(2)(A) — 1 case

Validata Chem. Servs. v. United States Dep't of Energy, 169 F. Supp. 3d 69 (D.D.C. 2016). ““In some cases,” the Court of Federal Claims applied the test for standing applicable in APA cases, while in other cases the court borrowed the narrower “actual or prospective bidder or offeror” standard from the Competition in Contracting Act (“CICA”), 31 U.S.C. § 3551 (2). Id.…”

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