10 USC § 3308 - Protests

---
identifier: "/us/usc/t10/s3308"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 3308 - Protests"
title_number: 10
title_name: "ARMED FORCES"
section_number: "3308"
section_name: "Protests"
chapter_number: 241
chapter_name: "AWARDING OF CONTRACTS"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(d), (e), Jan. 1, 2021, 134 Stat. 4185.)"
---


# § 3308. Protests

**(a)** **Protest File.—**

**(1)** **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.

**(2)** **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.

**(b)** **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—

**(1)** may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of section 3554 of title 31; and

**(2)** 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.

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**Source Credit**: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1816(d), (e), Jan. 1, 2021, 134 Stat. 4185.)

## Editorial Notes

### Codification

The text of subsec. (e) of , which was transferred to this section, redesignated as subsec. (a), and amended by , was based on , , ; , , ; , , .

The text of subsec. (f) of , which was transferred to this section, redesignated as subsec. (b), and amended by , was based on , , .

### Prior Provisions

A prior section 3308, , , 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 , title VII, § 701, , , 2955, effective . See .

### Amendments

2021—Subsec. (a). , redesignated subsec. (e) of  as subsec. (a) of this section and, in pars. (1) and (2), inserted headings and realigned margins.

Subsec. (b). , redesignated subsec. (f) of  as subsec. (b) of this section.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section and amendment by  effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .