December 16, 2016

Congress Restores GAO’s Civilian Task Order Jurisdiction, Even Before NDAA Becomes Law

Holland & Knight Government Contracts Blog
Gregory R. Hallmark

We recently noted in this blog that the National Defense Authorization Act (NDAA) for 2017 is set to restore the Government Accountability Office's (GAO) jurisdiction to hear protests of task and delivery orders issued by civilian agencies.  Both houses of Congress have passed the NDAA and it now awaits the President's signature. 

In the meantime, however, a separate piece legislation that restores GAO's civilian task order jurisdiction has been enacted into law.  Congress passed and, on December 14, President Obama signed the "GAO Civilian Task and Delivery Order Protest Authority Act of 2016," which strikes the "sunset" provision that had caused GAO's civilian task order jurisdiction to expire on September 30, 2016.  This action permanently grants GAO authority to hear such protests. 

As a result, GAO now may hear protests of task or delivery orders issued by civilian agencies regardless of when and if the President signs the NDAA. 

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