New GAO Protest Rules Take Effect May 31

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By Edwin Childs, Ronald Fouse, Christian Nagel, Todd Steggerda

On May 31, 2018, two new rules go into effect that impact the U.S. Government Accountability Office’s (GAO’s) jurisdiction to hear protests of task orders and delivery orders issued pursuant to multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts.

First, GAO will no longer hear most protests of task or delivery orders valued at less than $25 million and issued by the Department of Defense, the Coast Guard or NASA. Second, GAO’s jurisdiction for hearing protests valued at $10 million or more and issued by civilian agencies has been extended permanently.

Importantly, GAO maintains jurisdiction to hear protests challenging the scope, period or maximum value of the task or delivery order — regardless of the order value.

By: McGuireWoods LLP

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