September 22, 2019

September 20, 2019

Subscribe to Latest Legal News and Analysis

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.

© 2019 Covington & Burling LLP

TRENDING LEGAL ANALYSIS


About this Author

Jason A. "Jay" Carey, Covington Burling, Government Contracts Attorney,
Partner

Jason Carey represents clients in litigation with the government and other private parties, counsels clients regarding a wide range of formation and compliance matters, and defends clients under investigation by federal and state governments. Mr. Carey regularly represents government contractors in bid protests before the U.S. Government Accountability Office and the Court of Federal Claims. He has prosecuted and defended more than 80 protests covering a wide range of procurements, such as:

  • aerospace and defense (including an $11B launch services contract);
  • ...
202 662 5186
Kevin T. Barnett, Government contracts attorney, Covington Burling
Associate

Kevin Barnett represents a broad array of clients, ranging from large defense contractors to small technology companies in all aspects of government contracts law.

He has litigated claims against the United States and has counseled clients on complicated regulatory compliance issues involving GSA schedule contracts, small business rules, Buy American Act and Trade Agreement Act issues. He also routinely assists clients on the Freedom of Information Act (FOIA) process from drafting through litigating in federal court.

202 662 5430