Sec. 831. Timeliness rules for filing bid protests at the United States Court of Federal Claims
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Paragraph
(1)of section 1491(b) of title 28, United States Code, is amended— in the first sentence, by striking Both the and all that follows through shall have and inserting The United States Court of Federal Claims shall have ; and in the second sentence— by striking Both the and all that follows through shall have and inserting The United States Court of Federal Claims shall have ; and by striking is awarded. and inserting is awarded, but such jurisdiction is subject to time limits as follows: A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the time set for receipt of initial proposals shall be filed before bid opening or the time set for receipt of initial proposals. In the case of a procurement where proposals are requested, alleged improprieties that do not exist in the initial solicitation but that are subsequently incorporated into the solicitation shall be protested not later than the next closing time for receipt of proposals following the incorporation. A protest that meets these time limitations that was previously filed with the Comptroller General may not be reviewed. A protest other than one covered by subparagraph
(A)shall be filed not later than 10 days after the basis of the protest is known or should have been known (whichever is earlier), with the exception of a protest challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such a case, with respect to any protest the basis of which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. If a timely agency-level protest was previously filed, any subsequent protest to the United States Court of Federal Claims that is filed within 10 days of actual or constructive knowledge of initial adverse agency action shall be considered, if the agency-level protest was filed in accordance with subparagraphs
(A)and (B), unless the contracting agency imposes a more stringent time for filing the protest, in which case the agency’s time for filing shall control. In a case where an alleged impropriety in a solicitation is timely protested to a contracting agency, any subsequent protest to the United States Court of Federal Claims shall be considered timely if filed within the 10-day period provided by this subparagraph, even if filed after bid opening or the closing time for receipt of proposals. Under no circumstances may the United States Court of Federal Claims consider a protest that is untimely because it was first filed with the Comptroller General. . Paragraph
(2)of such section is amended by inserting monetary relief shall not be available if injunctive relief is or has been granted, and after except that . Such section is further amended— by redesignating paragraphs
(5)and
(6)as paragraphs
(6)and (7), respectively; and by inserting after paragraph
(4)the following new paragraph (5): The United States Court of Federal Claims shall have jurisdiction to render judgment on an action by an interested party challenging an agency’s decision to override a stay of contract award or contract performance that would otherwise be required by section 3553 of title 31. Such an action shall be filed within 10 days of actual or constructive notification of the agency’s written determination to proceed with the award or performance of the contract. . Section 3556 of title 31, United States Code, is amended— by inserting instead of with the Comptroller General before the period at the end of the first sentence; and by striking the second sentence. The heading of such section is amended by striking . ; matter included in agency record The amendments made by this section shall apply to any cause of action filed 180 days or more after the date of the enactment of this Act.