Government Accountability Office

GAO has jurisdiction over protests concerning the award or proposed award of contracts by federal agencies under procurement statutes and regulations, including pre-award protests challenging solicitation terms and post-award protests challenging award decisions. GAO can also hear protests of task order awards over $10 million on IDIQ contracts. GAO does not have jurisdiction over grants, cooperative agreements, or contracts awarded by non-appropriated fund activities.

Pre-award protests must be filed before the closing date for receipt of proposals. Post-award protests must be filed within 10 calendar days of contract award or within 5 calendar days of a debriefing date offered within the 10-day period. For task orders over $10 million on IDIQ contracts, the deadline is 10 days after award notification. Challenges to solicitation terms apparent on the face of the solicitation must be filed before the closing date.

1. 1.File electronically through the Electronic Protest Docketing System (EPDS) at gao.gov
2. 2.Protest must identify the solicitation or contract number, protester's interest, legal and factual bases, and relief requested
3. 3.GAO notifies the agency within one day and triggers the automatic CICA stay of award or performance
4. 4.Agency files an Agency Report within 30 calendar days including the contracting officer's statement, relevant documents, and a memorandum of law
5. 5.Protester files comments on the Agency Report within 10 days
6. 6.GAO may hold alternative dispute resolution (ADR) conferences or outcome prediction conferences
7. 7.GAO issues a written decision within 100 days — sustain, deny, or dismiss
8. 8.If sustained, GAO recommends corrective action and the agency has 60 days to report compliance

Competition in Contracting Act (CICA), 31 U.S.C. 3551-3556; GAO Bid Protest Regulations, 4 CFR Part 21