Tag Archives: GAO Jurisdiction

Fifty-Nine Extra Seconds: GAO Clarifies Its 5:30 Filing Deadline

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A bid protest filing with the U.S. Government Accountability Office will be deemed to be filed on a particular day if it is filed before 5:31 p.m. Eastern Standard Time , according to a recent GAO bid protest decision.

The GAO’s decision in Government Acquisitions, Inc., B-408426, B-408426.2 (Sept. 17, 2013) clarifies that the GAO’s 5:30 p.m. deadline allows for a timely filing “until the clock reaches 5:31 p.m.”  Unfortunately for my own curiosity, however, the decision does not answer the more interesting question of what on earth the protester was thinking when it filed at 35 seconds after 5:30 p.m.

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Alleged Breach Of Teaming Agreement Not A Procurement Integrity Act Violation, Says GAO

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A contractor’s alleged breach of its teaming agreement did not provide a basis for the agency to conclude that a Procurement Integrity Act violation had occurred.

According to a recent GAO bid protest decision, even if a teammate misuse voluntarily provided confidential information, the misuse does not violate the Procurement Integrity Act.  Moreover, the GAO considers an allegation regarding the breach of a teaming agreement to be a private dispute, falling outside of the GAO’s bid protest jurisdiction.

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GAO: Large Business Can’t Protest Set-Aside Award

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A large business lacked standing to protest an award made under a small business set-aside solicitation, according to a recent GAO bid protest decision.

In Creative Computing Solutions, Inc., B-408704, B-408704.2 (Nov. 6, 2013), the GAO dismissed a bid protest filed by a large business, finding that the protester would not be in line for award even if the protest was sustained.

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E-Verify Bid Protest Tossed Out By GAO

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The GAO has dismissed a bid protest alleging that the awardee of a Defense Logistics Agency contract was not registered in the E-Verify system.

According to the GAO, a contractor’s E-Verify registration is a matter of contract administration to be addressed after award, and thus outside of the GAO’s bid protest jurisdiction.

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GAO Bid Protest Jurisdiction: No Intellectual Property Disputes

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The GAO’s bid protest jurisdiction does not extend to complaints that a government agency has violated a company’s intellectual property rights.

According to a recent GAO bid protest decision, the GAO lacks jurisdiction over intellectual property matters, and affected companies must seek relief in the federal courts.

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GAO Bid Protest Jurisdiction And Contract Modifications

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The GAO’s bid protest jurisdiction typically does not extend to reviews of contract modifications.

In a recent GAO bid protest decision, Cornische Aviation & Maintenance, LTD, B-405013.4 (Jan. 25, 2013), the GAO held that the protester’s allegations regarding a contract modification were not within the scope of the GAO’s bid protest function.  The Cornische Aviation GAO bid protest decision demonstrates the GAO’s limited ability (or willingness, depending on one’s point of view) to decide bid protests involving contract modifications.

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GAO Task Order Jurisdiction: “Scope” Exception Is Narrow

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As I have previously written, the GAO lacks authority to hear bid protests of task orders valued at less than $10 million, except if the protester can show that the order increases the scope, period, or maximum value of the contract against which the order was issued.

In a recent bid protest decision, the GAO held that the “scope” exception applies only if the task order changes the underlying scope of work–denying the protester’s argument that any task order that is not evaluated in accordance with the contract’s requirements necessarily goes beyond the contract’s scope.

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