GAO limited on task order protests

GAO authority over civilian task order protests expired Oct. 1

The Government Accountability Office’s jurisdiction over protests of civilian agency task and delivery orders valued at more than $10 million expired on Oct. 1, resulting in limited options for contractors seeking to protest such orders.

The GAO still has jurisdiction over task order protests of contracts by the Defense Department, NASA and the Coast Guard.

The GAO previously had ruled on defense and civilian task order protests over $10 million since 2008. The defense authority was made permanent in 2011.

Civilian agency protests filed on or before Sept. 30 are expected to go forward.

The House version of the National Defense Authorization Act of 2017 has a provision to restore the GAO’s authority over civilian task order protests valued over $10 million, but the Senate’s version would remove the GAO’s authority and turn such protests over to agency ombudsmen, according to Piliero Mazza PLLC.

Congress is expected to vote on the NDAA in the lame-duck session after the election.

As things stand, GAO and the Court of Federal Claims only have authority to hear civilian task order protests if a task order allegedly increases the scope, period, or maximum value of the contract under which the order was issued. Protests for other reasons currently are without administrative or judicial review, according to Arnold & Porter LLP.

Contractors may appeal to ombudsmen, who already function at many agencies. But that process generally is not transparent and many consider it slow.

More information:
Arnold & Porter: http://goo.gl/9SZukh
Piliero Mazza PLLC: http://goo.gl/fvO0TR

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