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GAO Jurisdiction over Task Order Protests Valued at More Than $10 Million Restored

On December 14, 2016, President Obama signed H.R. 5995 into law, removing the sunset provision from 41 U.S.C. § 4106 for jurisdiction over task order protests valued at more than $10 million.  The GAO Civilian Task and Delivery Order Protest Authority Act of 2016 establishes permanent jurisdiction at the Government Accountability Office over protests of civilian task and delivery orders over $10 million under multiple-award IDIQ contracts.

This jurisdiction lapsed September 30, 2016, in accordance with a sunset provision established by the National Defense Authorization Act for Fiscal Year 2012.  A previous blog article summarized a recent protest the GAO denied for lack of jurisdiction during the lapse, Ryan Consulting Group, Inc.  Any contractors whose protests were dismissed for lack of jurisdiction during the lapse could file a request for reconsideration by December 27, 2016.  See 4 C.F.R. §§ 21.0(d), 21.14(b).

Copyright © 2019, Sheppard Mullin Richter & Hampton LLP.

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About this Author

Keeley A. McCarty, Sheppard Mullin, Government Investigations Lawyer, International Trade Attorney
Associate

Keeley McCarty is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Ms. McCarty’s practice focuses on government contracts litigation and counseling, including contract termination appeals, litigation and arbitration of subcontractor disputes, and internal investigations.  Ms. McCarty has counseled clients on a broad range of legal topics, including FAR mandatory disclosure rules, title passage under government contracts, and corporate compliance with the FCPA...

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