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ARTICLE · 31 OCTOBER 2011

Task And Delivery Order Protests: Taking Aim At A Moving Target

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The saga began with the passage of the 2008 National Defense Authorization Act.

United StatesGovernment, Public Sector
Marko Kipa
Marko Kipa
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The saga began with the passage of the 2008 National Defense Authorization Act. While the Act contained a general prohibition barring bid protests of task and delivery order awards (excluding challenges to scope, period, or maximum value), it granted the GAO exclusive jurisdiction over bid protests of civilian and defense agency task and delivery order awards valued at over $10 million. The Act also included a sunset date – May 27, 2011. The reach of the Act's sunset provision would prove to be critical in shaping the GAO's and the Court of Federal Claims' jurisdiction over bid protests of civilian agency task and delivery order awards.

As the sunset date approached, Congress sought to extend the GAO's exclusive bid protest jurisdiction over civilian and defense agency task and delivery order awards valued at over $10 million. A close reading of the legislation revealed, however, that the extension applied only to defense agency task and delivery order awards valued

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