#GovConThoughts: Bid Protests During a Partial Government Shutdown

[My #govconthoughts series provides a quick take on recent developments in the government contracting space.]

It appears that Congress may not be able to pass funding legislation for the six stalled appropriations bills by the end of the week, which means that a partial government shutdown is once again on the horizon. I recently provided a top-level overview for contractors on how to navigate the shutdown, including key legal considerations and practical guidance for dealing with contract-related issues.

Even while contractors focus on successfully navigating contract administration and performance issues during a partial shutdown, they should still remain mindful of potential bid protest issues. Indeed, a funding lapse can affect protest timing, agency participation, and litigation strategy in ways that warrant close attention. In light of the potential partial shutdown, below is a quick overview of how protests before the U.S. Government Accountability Office ("GAO") and the U.S. Court of Federal Claims ("COFC") may be affected.

Government Accountability Office

If a partial shutdown occurs, GAO is expected to remain open and its docketing system, the Electronic Protest Docketing System, or EPDS, will similarly remain operational. GAO has already been funded through enactment of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. As a result, GAO is expected to continue docketing and adjudicating bid protests.

Because GAO will remain open, protesters should not expect to see their statutory or regulatory filing deadlines tolled. Contractors therefore should assume that all bid protest timeliness rules remain fully in effect. At the same time, some procuring agencies may experience funding lapses that result in furloughs or government office closures. In those circumstances, GAO has historically been receptive to granting extensions of agency deadlines (e.g., for the agency report), while still holding protesters to applicable filing requirements.

Consistent with prior shutdowns, GAO will likely issue a public notice – posted on GAO.gov and distributed via EPDS – addressing protest operations during the shutdown, including timeliness considerations and the handling of extensions. Contractors should closely monitor for any such notice and review it carefully to avoid inadvertent waiver of protest rights. Firms should likewise remain attentive to protest-triggering events, including unsuccessful offeror notices and debriefing communications, which may continue to issue notwithstanding a partial shutdown. Contractors also should consider engaging counsel early in the process to assist with navigating these issues.

Court of Federal Claims

Bid protests and related litigation at the COFC also may continue during a partial shutdown, at least initially. The court’s ability to maintain uninterrupted operations, however, is not unlimited. According to a January 26, 2026 memorandum from the Administrative Office of the U.S. Courts, federal courts may be unable to sustain full paid operations beyond February 4, 2026 because funding for the judiciary remains tied to the stalled appropriations bills. At present, it remains unclear how, or to what extent, protests before COFC may be affected.

Even if the court remains open, shutdown-related disruptions may still materially affect COFC bid protest litigation. In particular, agency protest counsel – who typically support the Department of Justice attorneys representing the government in bid protest cases – may be furloughed, which may complicate coordination, filings, and case schedules. These practical constraints, in turn, can affect litigation strategy, the pace of proceedings, and the availability of agency decision-makers.

Accordingly, contractors considering or pursuing bid protests at COFC should anticipate potential procedural and operational delays, closely track applicable deadlines, and keep an eye out for any related COFC notices. Contractors should also consider engaging protest counsel early to preserve their rights and position themselves to respond quickly as circumstances evolve.

Takeaway

Government shutdowns often send ripples through the government contracting sector. While contract administration and performance issues understandably command immediate attention, contractors should remain equally attentive to bid protest considerations. Protests before GAO and COFC will likely experience some disruptions in the event of a partial shutdown. Contractors therefore should closely monitor for any official shutdown-related notices and should assume, absent express guidance to the contrary from the relevant tribunal, that protester timeliness and filing deadlines will remain in force. Given the uncertainty, contractors should consider engaging counsel early to assess protest options and preserve their rights.

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#govcon