2017 NDAA Restores GAO’s Task Order Jurisdiction – But Ups DoD Threshold
The 2017 National Defense Authorization Act restores the GAO’s recently-expired jurisdiction to hear protests of civilian task and delivery orders valued in excess of $10 million. The 2017 NDAA also...
View ArticleGAO’s Civilian Task Order Jurisdiction Restored
GAO’s jurisdiction to hear protests of certain civilian task and delivery orders has been restored. On December 15, 2016, the President signed the 2016 GAO Civilian Task and Delivery Order Protest...
View ArticleNo Protest Of Terminated Task Order, Court Says
A contractor could not file a valid bid protest challenging an agency’s decision to terminate the contractor’s task order, according to the U.S. Court of Federal Claims. In a recent decision, the Court...
View ArticleReminder: No Ostensible Subcontractor Protests At GAO
The GAO lacks jurisdiction to consider a challenge to a contract awardee’s size status, including questions of whether the awardee is affiliated with its subcontractor under the ostensible...
View ArticleSorry: No GAO Protests of U.S. Mint Procurements
As a branch of the Treasury Department, the United States Mint would usually be subject to federal procurement laws, like bid protests. As one contractor recently discovered, however, certain...
View ArticleGAO Confirms: DoD Task Order Protest Threshold Is $25 Million
The GAO ordinarily lacks jurisdiction to consider a protest of a task or delivery order under a DoD multiple-award contract unless the value of the order exceeds $25 million. In a recent bid protest...
View ArticleGAO Confirms: No Protests of Most Subcontract Awards
Despite older case law to the contrary, the GAO ordinarily lacks jurisdiction to decide a protest challenging the award of a subcontract, even where the subcontract is alleged to have been made “for”...
View ArticleNo Protest of CIO-SP3 SB Order Below $10 Million, Says GAO
A CIO-SP3 SB contract holder could not protest the award of a task order to a competitor because the order was valued at less than $10 million. In a recent bid protest decision, the GAO confirmed that...
View ArticleGAO Jurisdiction Limited to Federal Agency Procurements, Whether or Not...
GAO has the authority to oversee bid protests involving many different government agencies. But its jurisdiction has limits, such as that it won’t consider protests of certain activities at the U.S....
View ArticleGAO Says SBA Certificate of Competency is (Usually) Outside its Jurisdiction
The breadth and depth of protests heard by GAO may lead even a seasoned government contractor to overlook the limitations of GAO’s jurisdiction. As one contractor recently found, the GAO generally...
View ArticleGAO Declines Jurisdiction Over the “Other Transactional Agreement” Evaluation...
Evaluation and selection of an offeror for award of an “Other Transactional Agreement,” or “OTA,” are significantly more flexible than a traditional procurement under the FAR. This was at issue...
View ArticlePre-Solicitation Notices not Grounds for Protests, GAO says
Like my alarm clock ringing on Monday mornings, GAO recently reminded protestors that protests based on pre-solicitation notices are just too early. In F-Star Zaragosa Port, LLC; F-Star Socorro...
View ArticleShort Procurement Deadline? GAO says it Doesn’t Impact Protest Timing Rules
As anyone in the federal contracting line of work knows, deadlines come at you fast and hard. In a recent GAO decision, GAO refused to relax the timeliness rules associated with protests of...
View Article“We Don’t Do Option Year Challenges,” Says GAO
Most federal contracts are structured with a base period with a number of option periods that can be exercised at the agency’s discretion. But what happens if an option year goes unexercised?...
View ArticleNo Time for Sleep? GAO says Short Bid Window was Reasonable
The protester in a recent mattress procurement case won’t sleep easy after GAO’s decision. In Warrior Service Company, B-417612 (Aug.16, 2019), GAO reminded protesters that one week can be a...
View ArticleCOFC: No Jurisdiction Over Bundling of Contracts into Task Order
When considering where to file a bid protest, you have options at the agency level, Government Accountability Office, and Court of Federal Claims. But not all options are available for protests of...
View ArticleGAO Confirms: No Protests of Most Subcontract Awards
Despite older case law to the contrary, the GAO ordinarily lacks jurisdiction to decide a protest challenging the award of a subcontract, even where the subcontract is alleged to have been made “for”...
View ArticleNo Protest of CIO-SP3 SB Order Below $10 Million, Says GAO
A CIO-SP3 SB contract holder could not protest the award of a task order to a competitor because the order was valued at less than $10 million. In a recent bid protest decision, the GAO confirmed that...
View ArticleGAO Jurisdiction Limited to Federal Agency Procurements, Whether or Not...
GAO has the authority to oversee bid protests involving many different government agencies. But its jurisdiction has limits, such as that it won’t consider protests of certain activities at the U.S....
View ArticleGAO Says SBA Certificate of Competency is (Usually) Outside its Jurisdiction
The breadth and depth of protests heard by GAO may lead even a seasoned government contractor to overlook the limitations of GAO’s jurisdiction. As one contractor recently found, the GAO generally...
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