Government Shutdown – Impact on Bid Protests

While the US Federal Government Shutdown is over (for now), the shutdown had impacts on bid protests. According to the Government Accountability Office (“GAO”) website, those impacts are as follows:

Deadlines for filing new protests:  The protest deadline is extended to the first day that GAO resumes operations following the shutdown. GAO’s closure as part of the shutdown operates the same way as when a deadline falls on a weekend or Federal holiday. So, a protest that otherwise would have been due on Monday January 22, 2018 would be timely if filed by Tuesday, January 23, 2018.

GAO’s issuance of new decisions:  “GAO will endeavor” to meet the 100 day deadline from when a protest is filed.  However, “[i]f necessary, decision deadlines will be extended for one day for each day that GAO is closed.” Because the shutdown lasted for three days, GAO has the flexibility to issue decisions three days later than the published Decision Due Date.

These same rules should apply to any subsequent shutdowns.

The following is a copy of the notice that was posted on GAO’s website on January 22, 2018 during the shutdown: