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

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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).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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