Alert: GAO Bid Protest Office to Remain Open During Partial Shutdown

Today, the Government Accountability Office ("GAO") issued a notice on its website and via its Electronic Protest Docketing System, or EPDS, stating that it will remain open during the partial government shutdown. This is consistent with what I wrote in my article last week, Bid Protests During a Partial Government Shutdown.

As the GAO notice states, while deadlines are tolled for agencies that experience a lapse in appropriations, protesters are still required to meet all deadlines – including where the procuring agency's funding lapses – in accordance with GAO's Bid Protest Regulations. As the tribunal cautioned protesters, "GAO will not waive time limits for new filings."

Notably, for information on COFC's shutdown-related notice, click here.

Below is GAO's full notice:

GOVERNMENT ACCOUNTABILITY OFFICE (GAO) BID PROTESTS DURING THE PARTIAL LAPSE IN APPROPRIATIONS

GAO remains OPEN during the current partial lapse in appropriations and partial government shutdown. Please be advised that GAO is fully funded for Fiscal Year 2026 and is not subject to a lapse in appropriations. As a result, the GAO bid protest office will continue to receive protests for filing and process such protests in accordance with our Bid Protest Regulations.

This notice applies only to protests involving procurements conducted by agencies impacted by a lapse in appropriations. In such cases, the parties are advised of the following:

FOR PROTESTORS:

1. New protests: Any new protest (or supplemental protest) involving a procurement conducted by an agency impacted by a lapse in appropriations must be filed in accordance with GAO’s normal timeliness requirements. See 4 CFR Subpart 21.2.  Do not wait until the procuring agency receives its appropriation. GAO will not waive time limits for new filings.

2. Private party filings: Any deadline for a filing from a private party must be filed in accordance with our Bid Protest Regulations. Again, do not wait until the procuring agency receives its appropriation.

FOR AGENCIES:

1. Deadlines for agency filings: As a general rule, any work related to a bid protest before GAO would not be covered by any of the exceptions to the Antideficiency Act that would apply during a lapse in appropriations. All filing deadlines, such as for an agency report or other requested filings, are tolled during the lapse in appropriations for your agency. GAO will establish revised agency deadlines when the lapse in funding is resolved.

2. Agency Notification of its Operating Status: If an agency involved in a protest is subject to a lapse in appropriations, counsel for the agency should inform our Office and the other parties of that fact via the Electronic Protest Docketing System (EPDS), as soon as reasonably possible.

FOR FURTHER INFORMATION:

For pending protests, contact the GAO attorney assigned to the protest. For new protests, contact the Procurement Law Control Group at (202) 512-4788 or email protests@gao.gov.

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