GAO’s Task Order Protest Jurisdiction Expires Today
GAO’s jurisdiction over protests of civilian agency task and delivery orders valued at more than $10 million will sunset today. 41 U.S.C. § 410(f)(3). GAO will continue to have jurisdiction over Department of Defense task and delivery orders over $10 million — Congress made that jurisdiction permanent in 2011. 10 U.S.C. § 2304c(e).
Pending protests of civilian agency task orders are unlikely to be affected by the sunset of GAO’s jurisdiction. See Technatomy Corp., B-405130, June 14, 2011, 2011 CPD ¶ 107. But unless and until Congress reinstates GAO’s lapsed jurisdiction, GAO’s ability to review new protests of civilian agency task orders will be limited to protests that an order increases the scope, period, or maximum value of the contract under which the order is issued.
The House version of the FY 2017 National Defense Authorization Act would reinstate GAO’s jurisdiction, and would make it permanent. But the Senate version contains no such provision. Stay tuned.