GAO will finish its bid protest work

The Government Accountability Office ruled on June 14 that it will not reject a bid protest against a task or delivery order if it was filed before May 27, when the authority expired.

“We do not view the sunset provision as applying to pending protests,” according to a newly released bid protest decision.


Related story:

Expired protest authority might change spending habits


GAO decided against the Defense Information Systems Agency's argument to dismiss a protest by Technatomy Corp. The company objected to the evaluation of a task order that DISA awarded to Catapult Technology, Inc. for support of the Army Information Technology Agency.

DISA contended that GAO's authority to review the bid protest ended on May 27, leaving Technatomy’s protest out of bounds.

However, GAO argued that it needs to finish its work of judging bid protests.

"Even if we were to view the sunset provision as barring our jurisdiction as of May 27, 2011, as DISA argues, it would not end our jurisdiction to complete our review of protests filed with our office prior to the effective date of the sunset,” GAO wrote.

About the Author

Matthew Weigelt is a freelance journalist who writes about acquisition and procurement.

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