GAO Task Order Protests Face Uncertain Future

Government Contracts Group counsel Peter J. Eyre is featured for his comments on the extension granted by Congress that allows the Government Accountability Office (GAO) to have continued jurisdiction over task and delivery order protests. A provision in the National Defense Authorization Act for Fiscal Year 2011 would extend the GAO's authority to hear protests arising from task and delivery orders under indefinite delivery, indefinite quantity contracts, slated to expire May 27, 2011.

According to Eyre, "I don't see an articulated rationale in the statute or legislative history for treating defense and civilian task order protests differently…The rationale behind the supplemental GAO jurisdiction was to increase competition and accountability…There are some very large orders being placed under these contracts, so it's essentially a way to give GAO a window into some of these large procurements."