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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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Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....

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