GAO will finish its bid protest work

The Government Accountability Office ruled on June 14 that it will not reject a bid protest against a task or delivery order if it was filed before May 27, when the authority expired.

“We do not view the sunset provision as applying to pending protests,” according to a newly released bid protest decision.

Related story:

Expired protest authority might change spending habits

GAO decided against the Defense Information Systems Agency's argument to dismiss a protest by Technatomy Corp. The company objected to the evaluation of a task order that DISA awarded to Catapult Technology, Inc. for support of the Army Information Technology Agency.

DISA contended that GAO's authority to review the bid protest ended on May 27, leaving Technatomy’s protest out of bounds.

However, GAO argued that it needs to finish its work of judging bid protests.

"Even if we were to view the sunset provision as barring our jurisdiction as of May 27, 2011, as DISA argues, it would not end our jurisdiction to complete our review of protests filed with our office prior to the effective date of the sunset,” GAO wrote.

About the Author

Matthew Weigelt is a freelance journalist who writes about acquisition and procurement.

Reader Comments

Thu, Jun 16, 2011 MK

As Pat said, the decision was much more extensive than that. Because the 2008 NDAA struck the subsection e that FASA inserted (that limited the scope of delivery and task order protests), and then replaced it with the expired subsection, GAO's authority on protests reverts to the CICA authority - no distinction between delivery/task roder and other contract protests. In effect, GAO's authority has expanded to all delivery and task orders since the sunset occurred. It is a plain language reading of the law (the sunset did not reinstate the provisions the NDAA struck), but has large implications for civilian protests.

Tue, Jun 14, 2011 Pat

This decision says so much more than GAO will make decisions on pending protests. GAO is stating that it believes the expiration of the sunset provision eliminates all FASA restrictions on Task order protest for orders issued against a civilian agency awarded IDIQ. So Hello Protests against Alliant, AlliantSB, VETs, SEWP, CIOSP-2i, CIO-SP3 (when awarded)!

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