GAO Bid Protests - Impacts Of A Potential Government Shutdown

In Short

The Situation: Absent a new budget agreement, the federal government will shut down on Saturday, April 29, 2017, at 12:00 a.m.

The Result: That possibility leaves companies that have filed or are planning on filing GAO bid protests wondering what to expect regarding their inquiries.

Looking Ahead: Experience from the 2013 government shutdown provides insight on how bid protests might be handled.

The Office of Management and Budget ("OMB") has begun the preparations for a potential government shutdown, ordering agencies to review and update their shutdown plans. Only a few days remain for Congress to pass (and the President to sign) a bill funding the federal government. Unless the government reaches a deal on funding, the government will shut down on Saturday, April 29, 2017, at 12:00 a.m. Due to the short statutory time frames for resolution of Government Accountability Office ("GAO") protests, many companies may be wondering how a government shutdown would impact their pending or future protests.

The government shutdown of 2013 provides useful information regarding GAO's handling of protests in the context of a shutdown. In 2013, when the government shutdown was impending, GAO posted a notice to its website explaining what the agency would do in the event of a shutdown. Companies can expect that GAO will again post guidance on its Bid Protest Website in the days leading up to the shutdown, if one seems likely.

First, it is important to be aware that during a shutdown, GAO's fax machine may be turned off and the agency will not be able to accept hand deliveries. In addition, GAO's email system will not be monitored. Therefore, if you wish to make a filing during the shutdown, you should do so by email, but you should not expect any response (other than possibly an automated receipt) until the government reopens.

Second, protesters should be aware that if a filing deadline falls during the shutdown, then the due date for the filing will likely be extended until the day the government reopens. New protests received while GAO is closed are treated as filed on the day that GAO resumes operations. As a result, protesters may use the extra time during the shutdown to perfect their filings. The impact of this rule is that GAO may experience a record number of filings on the day it reopens. For example, when the government shut down for 16 days in 2013, GAO recorded nearly 200 new protests filed the day it reopened. In order to preserve...