ARTICLE · 08 MAY 2018

FAR Council Publishes Rule On Raised Threshold For Task And Delivery Order Protests

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On May 1, 2018, the FAR Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for GAO protests of certain task and delivery order awards from $10 million to $25 million.

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Rodney Perry is an attorney in Holland & Knight's Washington D.C. office and Amy L. Fuentes is an attorney in Holland & Knight's Tysons office

On May 1, 2018, the Federal Acquisition Regulatory (FAR) Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for Government Accountability Office (GAO) protests of certain task and delivery order awards from $10 million to $25 million. While Section 835 of the National Defense Authorization Act for Fiscal Year 2017 immediately raised the threshold upon passage, this change implements the modification into the FAR.

The increased threshold changed the jurisdiction that GAO previously held for years over task and delivery order protests valued over $10 million. Notably, under the final rule, protests alleging the improper award of a task or delivery order due to the award increasing the "scope, period, or maximum value of the contract" can be filed without regard to the amended

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