GAO Implements Changes to Bid Protest Process
Client Alert | 1 min read | 04.06.18
On April 2, 2018, GAO published a final rule, effective May 1, 2018, implementing the long-awaited Electronic Protest Docketing System (EPDS) allowing for the electronic filing and documentation dissemination for protests. In addition to implementing EPDS, the final rule includes other changes to “streamline the bid protest process.”
Notable changes to GAO’s protest process as a result of the rule include the following:
- Implementation of the EPDS as the sole method for filing unclassified GAO protests.
- Instituting a $350 filing fee for all new protests.
- Clarifying that protests challenging solicitation improprieties that become known after the solicitation closes and without an amended closing date must be filed within 10 days of when the protester knew or should have known of the basis of protest.
- Clarifying the scope of GAO’s jurisdiction over the award of task/delivery orders and the propriety of an agency’s use of a non-procurement instrument to procure goods or services (e.g., other transaction authority (OTA)).
- Requiring redacted versions of protected documents only when requested by another party.
- Requiring an agency that overrides CICA’s automatic stay to notify GAO of the basis of the decision or provide a copy of the decision itself.
To read more, visit our blog post on the topic.
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California Considering A Massive Expansion of Its Antitrust Laws
Legislative efforts to significantly expand California’s antitrust laws are working their way through the state legislature. The most comprehensive overhaul is Assembly Bill 1776 — the Competition and Opportunity in Markets for a Prosperous, Equitable and Transparent Economy (COMPETE) Act, introduced by Assembly Majority Leader Cecilia Aguiar-Curry, on March 23, 2026. AB 1776 is modeled closely after draft legislation recommended by the California Law Revision Commission (CLRC) in December. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but would also explicitly decouple California antitrust analysis from certain federal standards. Companies doing business in California should pay close attention to AB 1776 because of its potentially dramatic impact, including increased exposure to antitrust litigation and increased compliance costs.
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