GAO’s Bid Protest Jurisdiction Encompasses OPIC Procurements

The GAO has ruled that it has jurisdiction over bid protests filed on Overseas Private Investment Corporation (“OPIC”) procurements.

In MFM Lamey Group, LLC, B-402377 (Mar. 25, 2010), the GAO rejected OPIC’s argument that its procurements fall outside GAO’s jurisdiction.  GAO has jurisdiction over protests of procurements by a “federal agency.”  Although OPIC is a government-owned corporation, not an agency, GAO held that the definition of “federal agency” in the Competition in Contracting Act (“CICA”) includes wholly-owned government corporations, and thus gives the GAO bid protest jurisdiction over OPIC.

Unfortunately for the protester in the MFM Lamey Group case, the jurisdictional victory was the only win it got.  After holding that it had jurisdiction, the GAO went on to deny the protest.